Florida Minority Business Enterprise (MBE) Utilization Report

Transcription

1 October 10, 2012 ITB# D2056 Bidder: Subject: DJJ ITB# D2056 This is an Invitation to Bid (ITB) for Medical Services to youth in custody at the Hillsborough Regional Juvenile Detention Center located in Circuit 13, the Pinellas Regional Juvenile Detention Center located in Circuit 6, the Pasco Regional Juvenile Detention Center located in Circuit 6 and the Manatee Regional Juvenile Detention Center located in Circuit 12. This ITB is issued by the State of Florida, Department of Juvenile Justice (Department or DJJ), to select a Provider to provide medical services to youth in custody at the Hillsborough, Pinellas, Pasco and Manatee Regional Juvenile Detention Centers. The ITB package consists of this transmittal letter with the following attachments and exhibits (some of which are not included but are available electronically as noted): PUR 1000[1] General Contract Conditions - Incorporated by Reference 1 PUR 1001[1] General Instructions to Bidders - Incorporated by Reference 1 Attachment A Special Conditions - General Instructions to Bidders Attachment B General Instructions for the Preparation and Submission of Bids Attachment C Certificate of Experience Attachment D Client Reference Form Attachment E Sample Vendor Contract Attachment F Price Sheet Attachment G (Reserved) Attachment H (Reserved) Attachment I (Reserved) Attachment J (Reserved) Attachment K Drug-Free Workplace Certification 2 Attachment I: Services to be Provided Exhibit 1: Invoice Exhibit 2: Contract Census Report Exhibit 3: Florida Minority Business Enterprise (MBE) Utilization Report 1 Available at: esources/purchasing forms 2 Available at: Bidders shall comply fully with the instructions on how to respond to the ITB. Bidders shall label bids as "DJJ SOLICITATION NUMBER D2056 using the label form included in this ITB on the envelope(s) containing the bid. The purpose of labeling the envelope is to put the Department s mailroom on notice that the package is a bid in response to a DJJ solicitation and should not be opened except by the Department s Bureau of Contracts at the specified date and time. Bidders to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement Manager or as provided in the procurement documents. Violation of this provision may be grounds for rejecting a bid. All communications from bidders shall be in writing (by , facsimile or mail), and cite the subject solicitation number and be directed to the attention of the Procurement Manager below. Any person with a qualified disability shall not be denied equal access and effective communication regarding any bid documents or the attendance at any related meeting or bid opening. If accommodations are needed because of a disability, please contact the Bureau at (850) at least five business days prior to the meeting. Page 1 of 69

2 Sincerely, ITB# D2056 Charlotte Shorter-Rumlin Procurement Manager Department of Juvenile Justice Page 2 of 69

3 ATTACHMENT A ITB# D2056 General Instructions to Bidders Special Conditions Contents 1. Definitions 2. General Instructions 3. Submission of Bids 4. Terms and Conditions 5. Questions 6. Conflict of Interest 7. Convicted Vendors 8. Discriminatory Vendors 9. Bidder s Representation and Authorization 10. Performance Qualifications 11. Public Opening 12. Electronic Posting of Notice of Agency Decision 13. Firm Bid 14. Clarifications/Revisions 15. Minor Irregularities/Right to Reject 16. Contract Formation 17. Contract Overlap 18. Public Records 19. Protest 20. Captions and Numbering 21. Contact During Solicitation 22. Special Conditions 1. DEFINITIONS The definitions found in Rule 60A-1001, Florida Administrative Code shall apply to this agreement. The following additional terms are also defined: (a) Department means the Department of Juvenile Justice that has released the solicitation. (b) Procurement Manager means the Department s contracting personnel, as identified in the procurement. (c) Bidder means the business organization or entity providing the services and commodities specified in the bid. (d) Bidder means the entity that submits materials to the Department in accordance with these Instructions. (e) (f) Bid means the material submitted by the Bidder in answering the solicitation. Provider means the business organization or entity providing the service/commodities under the Contract resulting from the ITB award of a Bidder. 2. GENERAL INSTRUCTIONS Potential Bidders to the solicitation are encouraged to carefully review all the materials contained herein and prepare bids accordingly. 3. SUBMISSION OF BIDS Bids are required to be submitted according to the instructions in Attachment B of the solicitation. 4. TERMS AND CONDITIONS All bids are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: (a) Invitation to Bid (b) Special Conditions (c) Instructions to Bidders (Attachment A) (d) Instructions to Bidders (PUR 1001[1]) (e) General Conditions (PUR 1000[1]) (f) Introductory Materials The Department objects to and shall not consider any additional terms or conditions submitted by a Bidder, including any appearing in documents attached as part of a Bidder s response. In submitting its bid, a Bidder agrees that any additional terms or conditions, whether submitted Page 3 of 69

4 intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid. 5. QUESTIONS Bidders shall address all questions to the Procurement Manager. Questions must be submitted according to the instructions in Attachment B of the solicitation. 6. CONFLICT OF INTEREST This solicitation is subject to chapter 112, Florida Statutes. Bidders shall disclose within their Bid the name of any officer, director, employee or other agent who is also an employee of the State. Bidders shall also disclose the name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder or its affiliates. 7. CONVICTED VENDORS A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: (a) submitting a bid on a contract to provide any goods or services to a public entity; (b) submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; (c) submitting bids on leases of real property to public entity; (d) being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and (e) transacting business with any public entity in excess of the Category Two threshold amount ($35,000) provided in section , Florida Statutes. 8. DISCRIMINATORY VENDORS An entity or affiliate placed on the discriminatory vendor list pursuant to section , Florida Statutes, may not: (a) submit a bid on a contract to provide any goods or services to a public entity; (b) submit a bid on a contract with a public entity for the construction or repair of a public building or public work; (c) submit bids on leases or real property to a public entity; (d) be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or (e) transact business with any public entity. 9. BIDDER S REPRESENTATION AND AUTHORIZATION In submitting a Bid, each Bidder understands, represents, and acknowledges the following (if the Bidder cannot so certify to any of following, the Bidder shall submit with its Bid a written explanation of why it cannot do so). (a) The Bidder is not currently under suspension or debarment by the State or any other governmental authority. (b) To the best of the knowledge of the person signing the Bid, the Bidder, its affiliates, subsidiaries, directors, officers, and employees have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any public contract. (c) The Bidder currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under this and/or any other contract. (d) The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid. (e) The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other Bidder or potential Bidder; neither the prices nor amounts, actual or approximated, have been disclosed to any Bidder or potential Bidder, and they will not be disclosed before the solicitation opening. (f) The Bidder has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section (1) (a), Florida Statutes), and all directors, officers and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract. This includes disclosure of the names of current employees who were convicted of public entity crimes while in the employ of another company. Page 4 of 69

5 (g) (h) (i) (j) (k) (l) (m) ITB# D2056 Neither the Bidder nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: 1) Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged with: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal or state or local government transaction or public contract; violation of antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or 2) Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. The product offered by the Bidder will conform to the specifications without exception. The Bidder has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the Bidder, the Bidder agrees to be legally bound to the Contract that is formed with the State. The Bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the Bid. The Bidder shall indemnify, defend and hold harmless the Department and its employees against any cost, damage, or expense, which may be incurred or be caused by any error in the Bidder s preparation of its bid. All information provided by and representations made by the Bidders are material and important and will be relied upon by the Department in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Department of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, chapter 817, Florida Statutes. 10. PERFORMANCE QUALIFICATIONS The Department reserves the right to investigate or inspect at any time whether the services, qualifications, or facilities offered by Bidder meet the Contract requirements. Bidder shall at all times during the Contract term remain responsive and responsible. Bidder must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the Bidder for the delivery of services. If the Department determines that the conditions of the solicitation documents are not complied with, or that the services proposed to be furnished do not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the Bid or terminate the Contract. Bidder may be disqualified from receiving awards if Bidder, or anyone in Bidder s employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, Bidder is not relieved from fulfilling all Contract requirements. 11. PUBLIC OPENING Bids shall be opened on or about the date and at the location indicated in Attachment B. Bidders may, but are not required to, attend. The Department may choose not to announce prices or release other materials pursuant to section (6)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Manager at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Department by using the Florida Relay Service at (800) (TDD). 12. ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD On or about the date indicated in Attachment B, the Department shall electronically post a notice of intended award at If the notice of award is delayed, in lieu of posting the notice of intended award the Department shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Department a notice of protest within 72 Page 5 of 69

6 hours after the electronic posting. The Department shall not provide tabulations or notices of award by telephone. 13. FIRM BID The Department may make an award within 120-days after the date of the opening, during which period Bids shall remain firm and shall not be withdrawn. If an award is not made within 120- days, the Bid shall remain firm until either the Department awards the Contract or the Department receives written notice from the Bidder that the Bid is withdrawn. 14. CLARIFICATIONS/REVISIONS Before award, the Department reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all Bidders deemed eligible for Contract award. Failure to provide the requested information may result in rejection of the Bid. 15. MINOR IRREGULARITIES/RIGHT TO REJECT The Department reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State s best interests. The Department may reject any Bid not submitted in the manner specified by the solicitation documents. 16. CONTRACT FORMATION The Department shall issue a notice of award, if any, to the successful Bidder(s) by posting on the Vendor Bid System, however, no contract shall be formed between Bidder and the Department until the Department signs the Contract. The Department shall not be liable for any costs incurred by a Bidder in preparing or producing its Bid or for any work performed before the Contract is effective. 17. CONTRACT OVERLAP Bidders shall identify any services covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Provider authorizes the Department to eliminate duplication between agreements in the manner the Department deems to be in its best interest. 18. PUBLIC RECORDS Article 1, Section 24, Florida Constitution, guarantees every person access to public records. Florida law generously defines what constitutes a public record in section , Florida Statutes. As such, all Bids to a competitive solicitation are public records unless exempt by law. If a Bidder believes that its Bid contains information that should not be a public record, the Bidder shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including Confidential in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 19. PROTESTS Any protest concerning this solicitation shall be made in accordance with sections (3) and (2), Florida Statutes and Rule , Florida Administrative Code. Questions to the Procurement Manager shall not constitute formal notice of a protest. It is the Department s intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. (a) Section (3)(b), Florida Statutes, and Rule , Florida Administrative Code, require that a notice of protest of the solicitation documents shall be made within 72 hours after the posting of the solicitation. (b) Section (3)(a), Florida Statutes, requires the following statement to be included in the solicitation: Failure to file a protest within the time prescribed in sections (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. (c) Rule , Florida Administrative Code requires the following statement to be included in the solicitation: Failure to file a protest within the time prescribed in sections (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. 20. CAPTIONS AND NUMBERING The captions, section numbers, article numbers, title and headings appearing in this Contract are inserted only as a matter of convenience and in no way define, limit, construe or describe the Page 6 of 69

7 scope or intent of such articles or sections of this Contract, nor in any way effect this Contract and shall not be construed to create a conflict with the provisions of this Contract. 21. CONTACT DURING SOLICITATION Pursuant to section (26), Florida Statutes, Bidders to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement Manager or as provided in the procurement documents. Violation of this provision may be grounds for rejecting a bid. 22. SPECIAL CONDITIONS Pursuant to Rule 60A-1.002(7), Florida Administrative Code, an agency may attach additional contractual and technical terms and conditions. These special conditions shall take precedence over Form PUR 1000 and PUR 1001 unless the conflicting term is statutorily required, in which case the term contained in the form shall take precedence. Page 7 of 69

8 ATTACHMENT B GENERAL INSTRUCTIONS FOR THE PREPARATION AND SUBMISSION OF BIDS I. SOLICITATION NUMBER D2056 II. SOLICITATION TYPE This is an Invitation to Bid for Comprehensive On-Site Medical Services to youth in custody at the Hillsborough, Pinellas, Manatee and Pasco Regional Juvenile Detention Centers. III. PROCUREMENT OFFICE Charlotte Shorter-Rumlin, Procurement Manager Bureau of Contracts Florida Department of Juvenile Justice 2737 Centerview Drive, Suite 1107 Tallahassee, Florida Telephone: (850) Address: charlotte.shorter-rumlin@djj.state.fl.us IV. GENERAL INFORMATION A. Calendar of Events Listed below are the important actions and dates/times by which the actions must be taken or completed. All references to days in this document refer to calendar days unless otherwise specified. If the Department finds it necessary to change any of these dates and/or times, the change will be accomplished by an addendum and will be posted on the MyFlorida website All listed times are local time in Tallahassee, Florida (Eastern Standard Time). DATE TIME ACTION WHERE October 10, 2012 C.O.B. Release of ITB MyFlorida.com web site _www.main_menu October 17, 2012 Site Visit Site Visit Hillsborough Regional Detention West (Circuit 13) Adonis Miles, Superintendent 3948 W. Martin Luther King Jr. Blvd. Tampa, Florida Telephone: October 26, :00 PM Last date and Send to charlotte.shorterrumlin@djj.state.fl.us time written questions will be accepted. November 2, 2012 C.O.B. Anticipated date that answers to written questions will be posted on the web site. November 9, :00 AM Bids Due and Opened November 16, 2012 C.O.B. Anticipated date of posting of Notice of Agency Decision December 17, 2012 Anticipated Contract Start Date MyFlorida.com web site in_menu Attention: Charlotte Shorter-Rumlin Department of Juvenile Justice Bureau of Contracts 2737 Centerview Drive Suite 1112 Tallahassee, Florida MyFlorida.com web site _www.main_menu Page 8 of 69

9 B. Time, Date and Place Bids are Due It is MANDATORY that bids be received NO LATER than the date and time specified in the Calendar of Events (Section IV. A.), at the Department of Juvenile Justice (Department or DJJ) at the address identified in Section III. Caution: A bid received at the designated office after the exact time specified will not be considered, as specified in Attachment A. C. Site Visits The site visit will be held at the facility at the date and time specified in the Calendar of Events (Section IV. A.) For driving directions to the facility for the site visit, please use the website listed below: D. On or about the date specified in the Calendar of Events (Section IV. A.), the Department s Notice of Agency Decision will be posted on the MyFlorida website Click on Search Advertisements, and use the drop down list to select the Department of Juvenile Justice. Click Initiate Search, select the ITB and double click on the ITB number. Call the Department s Procurement Manager at the telephone number listed in Section III if you have any questions regarding accessing the website. E. The Department reserves the right to modify non-material terms of the ITB prior to execution of the Contract resulting from this ITB, when such modification is determined to be in the best interest of the State of Florida. V. MANDATORY REQUIREMENTS The following requirements must be met by the Bidder to be considered responsive to this ITB. Although there are other criteria set forth in this ITB, these are the only requirements deemed by the Department to be mandatory. Failure to meet these requirements will result in a bid being rejected as non-responsive. A. It is MANDATORY that the Bidder submits its bid within the time frame specified in the Calendar of Events (Attachment B, Section IV.). B. It is MANDATORY that the Bidder draft and submit under Tab 1, a fully completed, originally signed Transmittal Letter that contains all the information required by Section XIX. A. C. It is MANDATORY that the Bidder sign and submit under Tab 2, Attachment C, Certification of Experience that includes a statement certifying that the Bidder has experience of at least two (2) years within the last five (5) years of providing correctional health care services in either a juvenile detention facility, juvenile residential program, adult detention/jail facility or adult correctional institution. D. It is MANDATORY that the Bidder submits under Tab 2, copies of licenses for all professional staff by Facility proposed and current up to date registrations with the State of Florida, Department of Health. If staff has not been determined/hired upon bid submission, the Bidder shall provide a statement that the professional staff s license and State of Florida, Department of Health registration will be provided prior to formal Contract execution. E. It is MANDATORY that the Bidder sign and submit under Tab 3, a completed and signed copy of the Department s Attachment F, Price Sheet. F. It is MANDATORY that the Bidder have a completed Attachment D (CLIENT REFERENCE FORM) independently completed and delivered to the Department by at least three previous or current clients for whom the bidder has provided correctional health care services in either a juvenile detention facility, juvenile residential program, adult detention/jail facility or adult correctional institution. The Department shall not provide a reference. If the Bidder is a current Provider in good standing providing the same or similar services to DJJ and has provided these services for at least the last six (6) consecutive months from the date of ITB issuance, the Bidder is not required to submit an Attachment D; however, the Bidder shall be responsible for identifying on Attachment C where these services are currently being provided. If the Bidder is not a current Provider of the same or similar services to DJJ but has provided these services to DJJ within the last two (2) years from the date of the ITB issuance, they are only required to submit two (2) non-djj references, however, the Bidder shall identify on Attachment C where the prior services to DJJ were provided. Attachment D must be certified by a Page 9 of 69

10 notary public and received by the date and time specified on the form or it will not be accepted. The Department reserves the right to contact any and all references in the course of this solicitation and make a fitness determination, not subject to review or challenge. No electronic submissions will be accepted for Attachment D, (CLIENT REFERENCE FORM). VI. VII. VIII. IX. SOLICITATION INFORMATION A. The term Bidder refers to 1. For the purposes of Attachment C, Bidder is defined to also include: any and all subsidiaries of the Bidder where the Bidder owns 80% or more of the common stock of the subsidiary; the parent corporation of the Bidder where the parent owns 80% or more of the common stock of the Bidder; and any and all subsidiaries of the parent corporation of the Bidder where the parent owns 80% of the common stock of the Bidder and the parent s subsidiaries. 2. For all other purposes, the definition shall be as specified in Attachment A, 1. B. NO ELECTRONIC SUBMISSIONS WILL BE ACCEPTED. Bidders shall submit an original and three (3) copies of their bid, and a 3.5-inch computer disk or CD-ROM that contains the complete bid saved in Microsoft Word and/or Excel. It is the intention of the Department to use the disk/cd-rom for purposes of electronic storage of the submission, so it must contain the complete bid, with the exception of original signatures. The bid shall be identified as Original on the cover, and shall bear an original signature(s) on the Bidders Transmittal Letter. The Price Sheet (Attachment J) shall bear an original signature(s). Use of legible reproductions of signed originals is authorized for all other copies of the bid. See instructions for bid preparation in Attachment B., Section XIX and submittal information in Attachment B., Section VI. Evaluation and review of the bid will be based solely on information and documents submitted in the hard copy original. C. All dates in this procurement, and other ITB requirements, are subject to change. Modifications of the schedule or changes to the ITB shall be provided through addendum posted on the website identified above. Bidders are responsible for checking the website for any changes. BIDDER QUESTIONS INFORMATION WILL NOT BE AVAILABLE ORALLY. All inquiries shall be in writing and be sent to the Procurement Manager at charlotte.shorter-rumlin@djj.state.fl.us, or by mail or by facsimile (850/ ) and shall be received by the date specified in the Calendar of Events (Section IV. A.). The Bidder is responsible for ensuring that the Procurement Manager received the inquiry. The Department will not take any further questions regarding the ITB document after close of business that day. The Department s responses to questions will be posted at as an addendum to this ITB on the date specified in the Calendar of Events (Section IV. A.). Any information communicated through oral communication shall not be binding on the Department and shall not be relied upon by any Bidder. Bidders to this solicitation or persons acting on their behalf may not contact, between the release of this solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Manager or as provided in the procurement documents. Violation of this provision may be grounds for rejecting a bid. NUMBER OF AWARDS The Department anticipates the issuance of one (1) Contract as a result of this solicitation. FAILURE TO EXECUTE CONTRACT In the event no protest is filed within the prescribed timeframe, the Department will commence preparation of the Contract with the intended Provider. If, for any reason, the intended Provider fails to execute a contract within eight (8) consecutive calendar days after a contract has been presented to it for signature, or if the Department determines that the Provider is ineligible to participate due to its being convicted of a Public Entity Crime, debarred, suspended or otherwise prohibited from receiving federal or state funds, the Department may (1) attempt to contract with the second ranked Bidder without posting of an additional Notice of Agency Decision or Addendum; (2) reject Page 10 of 69

11 all bids and re-advertise the ITB; or (3) reject all bids. If the Department and the second ranked Bidder fail to execute a contract, the Department may (1) attempt to contract with the next ranked Bidder sequentially until a Bidder willing to execute a contract is found without posting of an additional Notice of Agency Decision or Addendum; (2) reject all Bids and re-advertise the ITB; or (3) reject all bids. X. VENDOR REGISTRATION Prior to entering into a Contract with the Department, the selected Bidder(s) must be registered with the Florida Department of Management Services (DMS) Vendor Registration System. To access online registration, log on to and click on the MyFloridaMarketPlace / e-pro link under Hot Topics. Once on the MyFloridaMarketPlace website, click on the Online Vendor Registration link to begin registration. In order to register, the following information is necessary: A. Company name B. Tax ID type and number Social Security Number (SSN) or Federal Employer Identification Number (FEIN) C. Tax filing information, including the business name on the 1099 or other tax form (where applicable) D. Location information: 1. A business name for each company location (if different from the company name) 2. A complete address for each location (including details for sending purchase orders, payments, and bills to each location) 3. A contact person for each of the locations E. Commodity codes that describe the products and/or services the company provides F. The company s CMBE (Certified Minority Business Enterprises) information G. State-issued sequence number available from DMS by faxing a request on company letterhead to XI. XII. XIII. CONTRACT TERM AND RENEWAL A. This Contract shall begin on December 17, 2012 or upon full execution, whichever is later, and shall end at 11:59 PM on December 31, In the event the parties sign this Contract on different dates, the latter date shall be the effective date. B. The Department may renew this Contract upon the same terms and conditions, the duration(s) of which may not exceed the term of the original contract, or three years, whichever is longer. Exercise of the renewal option is at the Department s sole discretion and shall be contingent, at a minimum, upon satisfactory performance, subject to the availability of funds and other factors deemed relevant by the Department. C. Modifications or amendment of provisions of this Contract shall only be valid when they have been reduced to writing and duly signed by all parties observing all the formalities of the original Contract, with the exception of the Provider and Department contacts identified in Attachment I, Section IV, B, Reports. Changes to the contacts will be provided to the other party in writing and a copy of the written notification shall be maintained in the official Contract file. TYPE OF CONTRACT CONTEMPLATED A fixed fee/fixed price Contract is anticipated. A copy of the sample contract containing all required terms and conditions are included as Attachment E. DESIGNATION OF CONTRACT UNDER THE FLORIDA SINGLE AUDIT ACT A. All Contracts with the Department are classified as either Recipient/Sub-Recipient, FSAA Exempt, or Vendor contracts. It is the Department s determination that this Contract is a Vendor Contract, pursuant to Section , Florida Statutes. B. Statutory and rule requirements for the Provider for both types of Contract are specified in Attachment E, Sample Contract, Section VI. FINANCIAL AND AUDIT REQUIREMENTS. Page 11 of 69

12 XIV. ANNUAL MAXIMUM HOURS ITB# D2056 Personnel Pinellas Detention On Site Hours per week Maximum Annual Hours On-Call Hours DHA/Physician 2 ARNP 20 LPN 80 Clerk /7 N/A N/A N/A Personnel On Site Hours per week Pasco Detention Maximum Annual Hours On-Call Hours DHA/Physician 1 ARNP 20 LPN 80 Clerk /7 N/A N/A N/A Personnel Manatee Detention On Site Hours per week Maximum Annual Hours On-Call Hours DHA/Physician 2 ARNP 20 LPN 80 Clerk /7 N/A N/A N/A Page 12 of 69

13 Personnel West Hillsborough Detention On Site Maximum Hours per week Annual Hours On-Call Hours ITB# D2056 DHA/Physician 2 ARNP 20 LPN 80 Clerk /7 N/A N/A N/A The Maximum Contract Dollar Amount will be the Annual Maximum Contract Dollar Amount Bid multiplied by the number of years in the initial term of the Contract. For terms of less than one (1) year, the amount will be pro-rated. IT IS A MANDATORY REQUIREMENT THAT THE ANNUAL MAXIMUM CONTRACT DOLLAR AMOUNT BID ON ATTACHMENT F IS AT OR BELOW THE MAXIMUM ANNUAL PRICE STATED IN THE ITB. SEE ATTACHMENT B, SECTION XIV. NOTE: Financial consequences shall be assessed for contract non-compliance or nonperformance in accordance with the FDJJ Policy #2000, and the Department Contract Monitoring Guidelines, Chapter 2, (available on the Department s website). The Model Contract document, Attachment E, Section VIII.S. outlines the financial consequences to be imposed for the contract resulting from this ITB. By submitting a proposal to this ITB, the successful Proposer expressly agrees to the imposition of financial consequences for contract non-compliance or nonperformance. XV. XVI. XVII. XVIII. OPTIONS The Department reserves the right to exercise the option below in the event the Department s needs change: Option for Changes in Contract Services The Department has the option to modify the Contract, including adding or deleting services. Delivery of additional services shall be upon the terms, conditions, and rate agreed in the exercise of the options of the Contract. SUBCONTRACTING The Bidder shall not subcontract, assign, or transfer any of the services sought under this ITB, without the written consent of the Department. The Department supports diversity in its Procurement Program and requests that Bidders use all subcontracting opportunities afforded by this solicitation to embrace diversity. The Office of Supplier Diversity (OSD) website includes a list of Certified Minority Business Enterprises (CMBEs) that could be offered subcontracting opportunities. FAITH-BASED NON-DISCRIMINATION CLAUSE Pursuant to section (3)(b) and (c), Florida Statutes, the Department intends that, whenever possible and reasonable, it will make every effort to consider qualified faith-based organizations on an equal basis with other private organizations when selecting providers of services to juveniles. ELABORATE BIDS It is not necessary to prepare bids using elaborate brochures and artwork, expensive paper and bindings, or other expensive visual presentation aids. Bids should be prepared in accordance with the instructions herein. The Department is not responsible for and, therefore, shall not reimburse any costs incurred in the preparation or submission of the bid submitted in response to Page 13 of 69

14 this ITB. contract. ITB# D2056 The Department shall be liable for payment only as provided in a fully executed XIX. GENERAL INSTRUCTIONS FOR PREPARATION OF THE BID The instructions for this ITB have been designed to help ensure that all bids are reviewed in a consistent manner, as well as to minimize costs and response time. INFORMATION SUBMITTED IN VARIANCE WITH THESE INSTRUCTIONS MAY NOT BE REVIEWED. All bids must contain the sections outlined below. Those sections are called Tabs. A Tab, as used here, is a section separator, offset and labeled, (Example: Tab 1, Transmittal Letter ), so that the Department can easily turn to Tabbed sections during the review process. Failure to have all copies properly tabbed makes it much more difficult for the Department to review the Bid. The Bid shall consist of the following parts: A. Transmittal Letter Tab 1 It is MANDATORY that the Bid contain a fully completed transmittal letter that must be drafted, signed and submitted on Bidder letterhead by an individual who has the authority to bind the Bidder and provide: 1. The Bidder s official name (the company name), address, telephone number, the name and title of the Provider official who will sign any contract, (this individual shall have the authority to bind the Bidder and shall be available to be contacted by telephone or attend meetings, as may be appropriate regarding the solicitation), Federal Employee Identification Number (including the State of Florida Vendor Sequence Number). 2. The name, title, address, telephone number, and address of the Bidder s Contract Manager; and 3. If the proposing entity is a DBA or Doing Business As, the Bidder shall state the reason for it. 4. The statement: On behalf of (insert Bidder s name), this letter certifies that the Bidder agrees to all terms and conditions contained in the Invitation to Bid for which this Bid is submitted. 5. The statement: On behalf of (insert Bidder s name), this letter certifies that the prospective Provider has met all conditions and requirements of Attachment A, including that neither it nor its principals are presently debarred, suspended, or proposed for debarment, or have been declared ineligible or voluntarily excluded from participation in this Procurement/contract by any federal department or agency. If the Bidder is unable to certify to any part of this statement, such prospective provider shall include an explanation in the transmittal letter. 6. The statement: On behalf of (insert Bidder s name), this letter certifies that neither the Bidder or anyone acting on its behalf have contacted anyone, between the release of the solicitation and due date of this solicitation, any employee or officer of the executive or legislative branch concerning an y aspect of this solicitation, except in writing to the procurement Manager or as provided in the solicitation documents. 7. The statement: On behalf of (insert Provider s name), this letter certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section , Florida Statutes. B. Certificate of Experience Tab 2 It is MANDATORY that the Bidder sign and submit under Tab 2, Attachment C, Certificate of Experience that includes a statement certifying that the Bidder has experience of at least two (2) years within the last five (5) years of providing correctional health care services in either a juvenile detention facility, juvenile residential program, adult detention/jail facility or adult correctional institution. If the Bidder is a current Provider in good standing providing the same or similar services to DJJ and has provided these services for at least the last six (6) consecutive months from the date of ITB issuance, the Bidder shall be responsible for identifying on Attachment C where these services are currently being provided. If the Bidder is not a current Provider of the same or similar services to DJJ but has provided these services to DJJ within the last two (2) years from the date of ITB issuance, the Bidder shall identify on Attachment C where these services to DJJ were previously provided. Page 14 of 69

15 C. Professional License Tab 2 It is MANDATORY that the Bidder shall submit under Tab 2, copies of licenses for all professional staff proposed and current up to date registrations with the State of Florida, Department of Health. If staff have not been determined/hired upon bid submission, the Bidder shall provide a statement that the professional staff s license and State of Florida, Department of Health registration will be provided prior to formal Contract execution. D. Client Reference Form Tab 2. It is MANDATORY that the Bidder have a completed Attachment D (CLIENT REFERENCE FORM) independently completed and delivered to the Department by at least three previous or current clients for whom the bidder has provided correctional health care services in either a juvenile detention facility, juvenile residential program, adult detention/jail facility or adult correctional institution. The Department shall not provide a reference. If the Bidder is a current Provider in good standing providing the same or similar services to DJJ and has provided these services for at least the last six (6) consecutive months from the date of ITB issuance, the Bidder is not required to submit an Attachment D; however, the Bidder shall be responsible for identifying on Attachment C where these services are currently being provided. If the Bidder is not a current Provider of the same or similar services to DJJ but has provided these services to DJJ within the last two (2) years from the date of the ITB issuance, they are only required to submit two (2) non-djj references, however, the Bidder shall identify on Attachment C where the prior services to DJJ were provided. Attachment D must be certified by a notary public and received by the date and time specified on the form or it will not be accepted. The Department reserves the right to contact any and all references in the course of this solicitation and make a fitness determination, not subject to review or challenge. No electronic submissions will be accepted for Attachment D, (CLIENT REFERENCE FORM). E. Certificate of a Drug-Free Workplace The Bid may contain the certification of a drug-free workplace in accordance with section , Florida Statutes, if desired by the Provider; for preference in the event of a tie in the scoring of a competitive solicitation. This is not a mandatory requirement. The certification form (ATTACHMENT K) is available at: F. Bid Price Volume 1 - Tab 4 1. Price Sheet: The Bidder shall provide a price for the services by submitting a completed and signed hard copy of the Department s Attachment F, Price Sheet. The price shall be inclusive of all services, material and labor necessary to fully provide the Program Services as specified in Attachment I, Services to be Provided as described in this ITB. 2. Current Rate Sheet The Bidder shall provide in their bid, a Current Rate Sheet listing the Bidder s usual and customary charges for the services sought by this ITB. G. Mailing Label Bidders submitting bids in response to this solicitation are encouraged to either affix the label below (or a copy thereof) to the lower, left hand corner outside of all envelopes or containers containing their bids or mark their bid with the identifying information. This is to ensure that the Department s mailroom identifies the package(s) as a bid and delivers it expeditiously. Bidders shall complete the information on the label prior to affixing the label. Page 15 of 69

16 DJJ SOLICITATION ITB # D2056 DATE DUE: November 9, 2012 TIME: 10:00 AM ENVELOPE/BOX # OF ENVELOPE(S)/BOX(ES) Florida Department of Juvenile Justice Attention: Bureau of Contracts Charlotte Shorter-Rumlin, Procurement Manager 2737 Centerview Drive, Suite 1107 Tallahassee, Florida XX. AWARD The Department reserves the right to reject all bids in the best interest of the State. If a Contract is awarded, the responsive, responsible Bidder submitting the lowest cost bid will be recommended for award of the Contract. Lowest Cost Bid will be determined by the lowest Contract dollar amount as indicated on Attachment F, Price Sheet. In the event of identical pricing from multiple vendors, the Department shall determine the order of award in accordance with Rule 60A Florida Administrative Code. Page 16 of 69

17 ATTACHMENT C - CERTIFICATE OF EXPERIENCE ITB# D2056 ITB# D2056 THIS FORM SHALL BE COMPLETED BY THE BIDDER AND SIGNED BY A PERSON AUTHORIZED TO MAKE STATEMENTS ON BEHALF OF THE BIDDER. RETURN OF THE COMPLETED AND SIGNED FORM TO BE INCLUDED IN THE BIDDER S BID UNDER TAB 2 IS A MANDATORY REQUIREMENT. COMPANY NAME: DATE ESTBLISHED: PRIMARY BUSINESS: TOTAL NUMBER OF EMPLOYEES: NUMBER OF EMPLOYEES ENGAGED IN ACTIVITIES RELEVANT TO THIS ITB: NUMBER OF YEARS EXPERIENCE IN PROVIDING CORRECTIONAL HEALTH CARE SERVICES IN EITHER A JUVENILE DETENTION FACILITY, JUVENILE RESIDENTIAL PROGRAM, ADULT DETENTION/JAIL FACILITY OR ADULT CORRECTIONAL INSTITUTION LIST ENTITIES FOR WHO THE COMPANY HAS PROVIDED CORRECTIONAL HEALTH CARE SERVICES IN EITHER A JUVENILE DETENTION FACILITY, JUVENILE RESIDENTIAL PROGRAM, ADULT DETENTION/JAIL FACILITY OR ADULT CORRECTIONAL INSTITUTION WITHIN THE LAST FIVE YEARS AND THE DATES OF THE PERFORMANCE (BIDDER MUST DEMONSTRATE TWO (2) YEARS EXPERIENCE WITHIN THE LAST FIVE (5) YEARS): IF SERVICES PROVIDED TO DJJ A. THIS SECTION IS TO BE COMPLETED BY BIDDERS CURRENTLY PROVIDING THE SAME OR SIMILAR SERVICES AS DESCRIBED IN THE ITB TO DJJ FOR AT LEAST THE LAST SIX (6) CONSECUTIVE MONTHS: CURRENT DJJ CONTRACT NUMBER PROVIDING SERVICES: DATE SERVICES BEGAN FOR THE ABOVE CONTRACT: B. THIS SECTION IS TO BE COMPLETED BY BIDDERS WHO PROVIDED THE SAME OR SIMILAR SERVICES AS DESCRIBED IN THE ITB TO DJJ WITHIN THE LAST TWO (2) YEARS FROM THE DATE OF ITB ISSUANCE: PREVIOUS DJJ CONTRACT NUMBER THAT PROVIDED SERVICES: DATE SERVICES BEGAN FOR THE ABOVE CONTRACT: DATE SERVICES ENDED FOR THE ABOVE CONTRACT: I,, CERTIFY THAT THE PROSPECTIVE PROVIDER KNOWN AS HAS AT LEAST YEARS EXPERIENCE WITHIN THE LAST FIVE (5) YEARS RELEVANT TO THE PROVISION OF CORRECTIONAL HEALTH CARE SERVICES IN EITHER A JUVENILE DETENTION FACILITY, JUVENILE RESIDENTIAL PROGRAM, ADULT DETENTION/JAIL FACILITY OR ADULT CORRECTIONAL INSTITUTION, AND/OR IS PROVIDING OR HAS PROVIDED SERVICES TO DJJ AS IDENTIFIED ABOVE. SIGNATURE: ` PRINTED NAME: TITLE: DATE: Page 17 of 69

18 ATTACHMENT D CLIENT REFERENCE FORM ITB # D2056 (THIS FORM MUST BE COMPLETED BY THE PERSON GIVING THE REFERENCE, NOT THE BIDDER AND MUST BE CERTIFIED BY A NOTARY PUBLIC) It is MANDATORY that the Respondent have a completed Attachment D (CLIENT REFERENCE FORM) independently completed and delivered to the Department by at least three previous or current clients for whom the Respondent/Prospective Provider has provided correctional health care services in either a juvenile detention facility, juvenile residential program, adult detention/jail facility or adult correctional institution,. Respondents are encouraged to obtain references from individuals and parties able to provide insight into its organization, and not employees or members of its Board of Directors or governing body. The Department shall not provide a reference. If the Respondent is a current Provider in good standing providing the same or similar services to DJJ and has provided these services for at least the last six (6) consecutive months from the date of ITN issuance, the Respondent is not required to submit an Attachment E; however, the Respondent shall be responsible for identifying on Attachment D where these services are currently being provided. If the Respondent is not a current Provider of the same or similar services to DJJ but has provided these services to DJJ within the last two (2) years from the date of the ITN issuance, they are only required to submit two (2) non-djj references, however, the Respondent shall identify on Attachment D where the prior services to DJJ were provided. Attachment E must be certified by a notary public and received by the date and time specified on the form or it will not be accepted. The Department reserves the right to contact any and all references in the course of this solicitation and make a fitness determination, not subject to review or challenge. No electronic submissions will be accepted for Attachment D, (CLIENT REFERENCE FORM). THIS FORM SHALL BE RETURNED BY THE PERSON COMPLETING IT TO: DEPARTMENT OF JUVENILE JUSTICE, BUREAU OF CONTRACTS, 2737 CENTERVIEW DRIVE, TALLAHASSEE, FLORIDA, , ATTENTION: CHARLOTTE SHORTER-RUMLIN THE ENVELOPE MUST BE MARKED ITB: D2056 AND RECEIVED AT THE ABOVE ADDRESS BY 11/9/12 AND TIME LISTED ON CALENDAR OF EVENTS, SECTION IV. A., OF THIS ITB, OR IT WILL NOT BE ACCEPTED. THIS REFERENCE IS FOR: NAME OF PERSON PROVIDING REFERENCE: TITLE OF PERSON PROVIDING REFERENCE: FIRM OR BUSINESS NAME: OFFICE TELEPHONE NUMBER: OFFICE ADDRESS 1. Did this Provider perform correctional health care services in either a juvenile detention facility, juvenile residential program, adult detention/jail facility or adult correctional institution (based on your relationship with the Provider) and over what time period to your knowledge? Please also identify your relationship with the Provider. 2. Did you have any specific concerns about this Provider (from the perspective of your relationship with the Provider)? 3. Did the Provider demonstrate the ability to provide licensed professional staff to provide comprehensive on-site medical services? If no, please describe any problems. 4. Did the Provider demonstrate the ability to provide adequate on-site supervision for licensed professionals providing medical services? 5. Did the Provider demonstrate the ability to provide a highly qualified medical staff with experience and training in pediatric and adolescent healthcare and suicide prevention of children and adolescents? Page 18 of 69

19 6. Would you award another Contract to this Provider or would you work cooperatively with the Provider on another project? 7. Please make any additional comments here. Signed by: PLEASE SIGN BELOW AND HAVE THIS FORM CERTIFIED BY A NOTARY PUBLIC. Being duly sworn deposes and says that the information contained herein is true and accurate. Subscribed and sworn before me this day of 2012 Notary Public: My Commission Expires: State of Commission: Page 19 of 69

20 ATTACHMENT E - CONTRACT ATTACHMENT E WILL BE CHANGED AND/OR COMPLETED AFTER A PROVIDER HAS BEEN SELECTED. THIS CONTRACT is entered into between the STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE (hereinafter referred to as the Department ), whose address is 2737 CENTERVIEW DRIVE, TALLAHASSEE, FLORIDA and [PROVIDER NAME] (hereinafter referred to as the "Provider"), whose address is [PROVIDER ADDRESS], to provide [SERVICES]. In consideration of the mutual benefits to be derived from performance under this Contract, the Department and the Provider do hereby agree: I. PERFORMANCE A. The Provider shall provide services in accordance with the terms and conditions specified in this Contract including all attachments and exhibits, which constitute this Contract document. B. The Provider shall provide units of deliverables, including, but not limited to, reports, services and findings, as specified in this Contract, which must be received and accepted by the Department s Contract Manager in writing prior to payment. II. GOVERNING AUTHORITY The references listed below are included in the Contract for convenience only and do not change, modify, or limit any right or obligation of this Contract and any applicable local, state or federal laws, rules, regulations, and codes. A. State of Florida This Contract is executed and entered into in the State of Florida and shall be construed, performed and enforced in all respects in accordance with the Florida law, including Florida provisions for conflict of laws. Each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity. The remainder of any such provision and the remaining provisions of this Contract shall remain fully effective and valid. Venue for any proceeding regarding this Contract shall be in Leon County, Florida. 1. Environmental Protection a. It is expressly understood and agreed that any products or materials which are the subject of, or are required to carry out this Contract shall be procured in accordance with the provision of Section , Florida Statutes. b. The Provider shall comply with Rule , Florida Administrative Code, regarding the production and handling of any hazardous waste generated under this Contract. 2. Public Records Access The Provider agrees to allow access and review of all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance in connection with the transaction of official business by any agency as defined in subsection (12), Florida Statutes. All said documents made or received by the Provider in conjunction with this Contract shall be made available, except those public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Provider s failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate this Contract. Page 20 of 69

21 B. Federal Law 1. If this Contract contains federal funds, the Provider shall comply with the provisions of 45 CFR Part 74, and/or 45 CFR, Part 92, and other applicable regulations. 2. If this Contract contains federal funds and is over $100,000, the Provider shall comply with all applicable standards, orders or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C.7401 et seq), section 508 of the Federal Water Pollution Act, as amended (33 U.S.C et seq), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency regulations (40 CFR, Part 30). The Provider shall report any violations of the above to the Department. 3. The Provider agrees no federal funds received in connection with this Contract may be used by the Provider, or an agent acting for the Provider, to influence legislation or appropriations pending before the Congress or any State legislature pursuant to sections and , Florida Statutes. 4. Unauthorized aliens shall not be employed. The Department shall consider the employment of unauthorized aliens a violation of 274A(e) of the Immigration and Nationality Act (8U.S.C a) and section 101 of the Immigration Reform and Control Act of The Provider shall verify the employment eligibility of provider employees through The United States Department of Homeland Security s E-Verify system as stipulated in the The E-Verify Program for Employment Verification Memorandum of Understanding and other applicable guidelines of the U.S. Department of Homeland Security. Violation of such shall be cause for unilateral cancellation of this Contract by the Department. The Provider shall be responsible for including this provision in all subcontracts issued as a result of this Contract. 5. If this Contract contains in excess of $10,000 in federal funds, the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order and others, as supplemented in the Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable. 6. If this Contract contains federal funds and provides services to children up to the age of 18, the Provider shall comply with the Pro Children Act of 1994 (20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. 7. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in or be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Contract. The Provider shall, if applicable, comply with non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35, Part 38, and Part 39. III. CONTRACT TERMS AND METHOD OF PAYMENT A. Contract Term (include renewal options if applicable) 1. This Contract shall begin on (start date), or upon full execution, whichever is later, and shall end at 11:59 p.m. on (end date). In the event the parties sign this Contract on different dates, the latter date shall be the effective date. 2. The Department may renew this Contract upon the same terms and conditions, the duration(s) of which may not exceed the term of the original contract, or three years, whichever is longer. Exercise of the renewal option is at the Department s Page 21 of 69

22 sole discretion and shall be contingent, at a minimum, upon satisfactory performance, subject to the availability of funds and other factors deemed relevant by the Department. 3. Modifications or amendment of provisions of this Contract shall only be valid when they have been reduced to writing and duly signed by all parties observing all the formalities of the original Contract. B. Method of Payment The Provider shall not receive payment for services rendered prior to the execution date or after the termination date of this Contract. Furthermore, the State of Florida s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. The parties agree that the Department is not liable for payment for any extra day created by a leap year, unless specifically appropriated by the Legislature, and is only responsible for payments as specified below. 1. Contract Amount Total compensation under this Contract shall not exceed [$XXXXXX]. INSERT FORMULA (COMPLETED BY THE BUREAU OF CONTRACTS) 2. Payment and Submission of the Final Invoice The Provider shall submit the final invoice for payment to the Department no later than forty-five (45) days after the Contract ends or is terminated. If the Provider fails to do so, all rights to payments are forfeited and the Department will not honor any requests submitted after the above time period. Any payment due under the terms of this Contract may be withheld until the Provider complies with the requirements of this Contract, including submittal of all reports due from the Provider and the return of all Department-furnished property. Invoices for reimbursement, fees, and/or compensation for services or expenses must be submitted in sufficient detail to conduct a proper pre-audit and post-audit. 3. Travel Where itemized payment for travel expenses are permitted by this Contract, the Provider shall submit an invoice in accordance with section , Florida Statutes, or at lower rates as may be provided in this Contract. All expenditures related to travel; regardless of the method of payment must be in accordance with the terms and conditions of this Contract and section , Florida Statutes. 4. Options The Department reserves the right to exercise one or more options (a. or b. below) in the event the Department's needs for programming change. The Department will allow the Provider thirty (30) days to assess any requested increased units of service or changes in services. If agreed upon by both parties, the Provider shall submit to the Department, in writing, an implementation plan to accommodate the proposed increased units of service or changes in services. Upon Department approval of the implementation plan, any increased units of service or changes in services shall be evidenced by an amendment executed by both parties. The optioned services may not commence before execution of the amendment. Changes agreed to under these options may result in a change to the Maximum Contract Dollar Amount. a. Option for Increased Units of Service The Department has the option to modify the Contract, by exercising the option to increase units of service by an amount not to exceed an additional fifty percent (50%) of the base number of units of service in the original Contract. Any increase in units of service shall be evidenced by an amendment executed by both parties. The optioned services may not commence before execution of the amendment. Delivery of additional units of service shall be upon the terms, conditions and rate agreed in the exercise of the options of this Contract. b. Option for Changes in Contract Services The Department has the option to modify the Contract, including adding or reducing services and/or program capacity, and changing the restrictiveness level, gender type served in the program or location of the Page 22 of 69

23 program during the Contract term. The optioned services shall be consistent with and/or enhance the original intent and purpose of the original Contract. The optioned services may not commence before execution of the amendment. Delivery of changed services shall be upon the terms, conditions and rate agreed in the exercise of the options of this Contract. 5. Reduction of Invoice for Non-Delivery of Service The Department may reduce the amount of the monthly payment after finding substantial evidence of the Provider s non-delivery of service(s) required by the Contract, preparing written findings substantiating the Provider s failure to perform, and notifying the Provider of the proposed reduction of the monthly payment, and providing an opportunity for discussion of the proposed reduction in payment. The amount of any reduction shall be based upon the costs of those services not performed during the payment period. 6. Supplemental Expenditure The Department, at its option and without notice to the Provider, shall have the right to make any payment or expenditure the Provider failed to have made under the Contract, to ensure all contracted services will remain available to youth if the Provider fails to perform as required under this Contract. Such expenditures by the Department may include, but are not limited to, payment for repairs affecting life, health or safety of youth or staff, food and medical services, utilities, claims for which liens may be attached to the property, insurance premiums, and other supplementary goods or services. Any payment by the Department shall be without prejudice to any of the Department s rights or remedies under this Contract, at law, or in equity. All sums paid by the Department, including indirect costs incurred by the Department to bring the program into compliance with Contract requirements pursuant to this paragraph shall be immediately due and payable from the Provider. Such sums may be recovered by the Department by means of a reduction to a monthly invoice payment otherwise payable to the Provider under the Contract Payment Method. Recovery of the cost described above shall not relieve the Provider of the duty of full performance under the Contract. The Department will provide written notice after the fact to advise the Provider of why the decision was made, and any amount due to the Department from the Provider. 7. Staff Training Costs a. All costs occurring from, or associated with, Department-required training necessary for performance under this Contract or otherwise required by federal or state law, rule, or Department policy for Provider employees, agents or subcontractors, shall be the responsibility of the Provider, and as outlined in the Provider s awarded response to the Department s solicitation. Therefore, all training costs are included in the total cost of the services requested. The Department is not responsible for and, therefore, shall not reimburse any additional, itemized training costs, including but not limited to, software, licenses, travel and materials, incurred in the performance of this Contract other than the Compensation stated in Section III. b. For CORE licenses, the Provider is responsible for annually reimbursing the Department for the cost of securing these licenses in the amount of $35.00 per FTE position as found in the Provider s approved budget. Payment for these costs shall be made to the Department as specified in Attachment L, which may be found at and are due within one (1) month of the Contract start date and annually every year thereafter for the life of the Contract. Page 23 of 69

24 IV. LIABILITY Indemnification A. Pursuant to section (11)(a), Florida Statutes, the Provider agrees it and any of its employees, agents or subcontractors are agents and not employees of the State while acting within the scope of their duties and responsibilities to be performed under this Contract. The Provider further agrees to indemnify the Department, upon notice of any liabilities caused by the Provider or its employees or agents negligent or tortious acts or omissions within the scope of their employment under this Contract up to the limits of sovereign immunity as set forth in Florida law. The Provider further agrees to defend the Department and hold it harmless, upon receipt of the Department s notice of claim of indemnification to the Provider, against all claims, suits, judgments, damages or liabilities, including court costs and attorneys fees incurred by the Department because of the negligent or tortious acts of the Provider or its employees, agents or subcontractors. B. The Provider is responsible for all personal injury and property damage attributable to its negligent or intentional acts or omissions, including civil rights violations, and of its officers, employees, and agents thereof, including volunteers, vendor and subcontractors, or youth of or visitors to the program. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. V. TERMINATION All termination notices shall be sent by certified mail, or other delivery service with proof of delivery as detailed in Attachment I, Section XXXX., of this Contract. A. Department Convenience The Department may terminate this Contract, in whole or in part, without cause, for its convenience, and without additional cost to the Department, by giving no less than thirty (30) days written notice to the Provider. B. Provider Convenience The Provider may terminate this Contract, without cause, for its convenience, by giving no less than ninety (90) days written notice to the Department, unless both parties mutually agree in writing to a different notice period. The Provider shall be operating in a state of compliance with the terms and conditions of the Contract at the time the notice is issued and shall remain compliant for the duration of the performance period. The Provider shall notice the Department s Contract Manager via the United States Post Office or delivery service that provides verification of delivery or hand delivery. C. Default The Department may terminate this Contract, in whole or in part, for default, pursuant to the provisions of Rule 60A-1.006(3), Florida Administrative Code, upon written notice to the Provider. If applicable, the Department may employ the default provisions in Rule 60A-1.006(3) and (4), Florida Administrative Code. Waiver or breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. The provisions herein do not limit the Department s right to remedies at law or to damages (including, but not limited to, re-procurement cost). D. Lack of Funding In the event funding for this Contract becomes unavailable, the Department may terminate the Contract upon no less than fifteen (15) days written notice to the Provider. E. SCRUTINIZED COMPANIES LIST In executing this Contract, the Provider certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section , Florida Statutes. Pursuant to section (5), Florida Statutes, the Provider agrees the Department may immediately terminate this Contract for cause if the Provider is found to have submitted a false certification or if the Provider is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Contract. Page 24 of 69

25 VI. FINANCIAL TRANSACTIONS AND AUDIT REQUIREMENTS The Department has determined that this is a Vendor Contract. A. Vendor Contracts - MyFloridaMarketPlace Transaction Fee (IF APPLICABLE) 1. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eprocurement system. Pursuant to Section (22), F.S., all payments made on vendor contracts shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. a. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. b. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor s failure to perform or comply with specifications or requirements of the Contract. c. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default and recovering reprocurement costs from the vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 2. On a monthly calendar basis, each vendor registered in MyFloridaMarketPlace shall report its business activity relating to State contracts using Form PUR 3776 (08/04), which is hereby incorporated by reference. a. The vendor shall report (i) the total amount of payments received against State contracts during the reporting period (excluding Purchasing Card transactions occurring after June 30, 2004), (ii) the portion of that total that is exempt from the Transaction Fee pursuant to Rule 60A-1.032, F.A.C., (iii) the amount of Transaction Fees that have been automatically deducted by the system, and (iv) the amount of Transaction Fees that have been billed by the system but not automatically deducted. b. With its report, the vendor shall include payment of any Transaction Fee amounts due for the reporting period that have not been automatically deducted. Amounts due include both the amount billed during the reporting period and any amounts not billed but otherwise due (e.g., sales to non-state entities eligible to purchase from State contracts). c. A report is required only when fee-eligible payments have been received during the reporting period (no report is required if all payments are exempt from the Transaction Fee); provided, however, that if total Transaction Fees due are less than $50, a vendor may carry over the balance to the next reporting period. d. All information provided by the vendor is material and will be relied upon by the Department of Management Services in administering MyFloridaMarketPlace. Failure to file a report shall be deemed a representation by the vendor that it received no reportable payments for the period and that it owes no Transaction Fees. Any knowing and material misstatement shall be treated as fraudulent concealment from the State of the true facts relating to the conduct of the vendor s business with the State. A misrepresentation shall be punishable under law, and shall be grounds for precluding the vendor from doing future business with the State. Page 25 of 69

26 VII. VIII. RECORDS REQUIREMENTS A. Record Retention The Provider shall maintain programmatic and administrative books, records, and documents (including electronic storage media), for a minimum of five (5) years in accordance with chapters 119 and 257, Florida Statutes, and the Florida Department of State Record Retention Schedule located at The Provider shall maintain youth records, which are programmatic in nature in a secure location with access limited to duly authorized Department and Provider staff. Upon expiration of this Contract, the Provider shall return all youth records to the Department. The Provider shall ensure these records are available at all reasonable times to inspection, review, or audit by state and federal personnel and other personnel duly authorized by the Department. In the event any work is subcontracted, the Provider shall require each subcontractor to maintain and allow access to such records for audit purposes in the same manner. The Provider shall retain sufficient records demonstrating its compliance with the terms of this Contract for a period of five (5) years from the date the audit report is issued, and shall allow the Department, or its designee, Comptroller, or Auditor General access to such records upon request. The Provider shall ensure that all working papers are made available to the Department, or its designee, Comptroller, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. B. Transfer of Records Upon completion or termination of the Contract, the Provider shall cooperate with the Department to facilitate the transfer and return of records to the Department, at no cost to the Department. All records provided to or developed by the Provider for this Contract are the property of the Department. GENERAL TERMS & CONDITIONS A. Incorporated By Reference When applicable, the Department s Invitation to Bid, Request for Proposal or Invitation to Negotiate that results in this Contract and the Provider s bid, proposal or reply are incorporated herein by reference. B. Order of Precedence In the event of a conflict, ambiguity or inconsistency among the Contract and any attachments and exhibits named herein that are attached hereto and incorporated by reference, such conflict will be resolved by applying the following order of precedence: 1. Contract document including any attachments, exhibits, and amendments; 2. The Request for Proposals, Invitations to Bid, Invitations to Negotiate, exhibits, and appendices, including any addenda; 3. Applicable Florida Statutes and Florida Administrative Code; 4. Department policy and manuals; and 5. The Provider s proposal, bid or reply as incorporated by reference. If the Contract is silent on matters relating to health services, the Provider shall follow applicable law and Department policy and manuals. C. Rights, Powers and Remedies No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. D. Third Party Rights This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. E. P.R.I.D.E It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in sections (2) and (4), Florida Statutes. For purposes of this Contract, the person, firm or other business entity carrying out the provisions of this Contract shall Page 26 of 69

27 be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The Corporation identified is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E th Street North, Suite 103 St. Petersburg, Florida Telephone (727) F. Legal and Policy Compliance 1. The Provider shall comply with all local, state, and federal laws, rules, regulations and codes whenever work is performed under this Contract. The Provider shall also comply with and the Department will monitor and evaluate the services provided under this Contract in accordance with all Department policies, and procedures that are in effect on the date that this Contract is fully executed. 2. The Provider is not responsible for complying with subsequent changes to Department policies or procedure that may affect the services provided under this Contract unless the Department and the Provider negotiate otherwise. Such negotiation shall be reduced to writing through a contract amendment that is mutually agreed upon by both parties. However, the Department cannot waive a Provider s compliance to subsequent changes to any local, state, and federal laws, rules, regulations or codes. 3. The Provider shall obtain any licenses and permits required for services performed under this Contract and maintain such licenses and permits for the duration of this Contract. 4. Any and all waivers of Department policies, procedures, or manuals shall be reduced to writing and shall be maintained in the Contract Manager s file. G. Convicted Vendor List A Vendor, person or affiliate who has been placed on the Florida Convicted Vendor List may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Department pursuant to section , Florida Statutes. H. Discriminatory Vendor List In accordance with section , Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List: 1. May not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 2. May not transact business with any public entity. I. Scrutinized Companies List A company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s , is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. J. Copyrights and Right to Data 1. Where activities supported by this Contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Department has the right to use, duplicate and disclose such materials in whole or in part in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so. 2. If the materials so developed are subject to copyright, trademark or patent, legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State, for the exclusive use and benefit of the State. Ownership of intellectual property created as a result of the services delivered under this Contract will reside with the Department. Page 27 of 69

28 K. Assignments and Subcontracts The Provider shall not assign responsibility of this Contract to another party, subcontract for any of the work contemplated under this Contract, or transfer program services to another location without the prior written approval of the Department s Contract Manager. Approval by the Department of assignments or subcontracts shall not be deemed in any event to provide for the Department incurring any additional obligations under this Contract, nor relieve the Provider of the requirements of this Contract. The Department may monitor the terms and conditions of the assignment or subcontract to ensure compliance. The Provider shall ensure contracts with its subcontractors contain the terms and conditions of this Contract and shall be responsible for monitoring subcontractor compliance and performance in both programmatic and administrative areas. The Department s review of subcontractor agreement(s) associated with this Contract award does not relieve the Provider of the responsibility to manage the subcontractor; demonstrate the value added and reasonableness of subcontractor pricing; and meet all contractual obligations. L. Sponsorship If the Provider is a non-governmental organization which sponsors a program financed partially by State funds, including any funds obtained through the Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: Sponsored by (Provider s name) and the State of Florida, Department of Juvenile Justice. If the sponsorship reference is in written material, the words State of Florida, Department of Juvenile Justice shall appear in the same size letters or type as the name of the organization. M. Products Available from Blind or Other Handicapped (RESPECT) It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section (1) and (2), Florida Statutes. For purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. on/state_contracts_agreements_and_price_lists/respect N. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under the Contract or interruption of performance resulting directly or indirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, hurricanes, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. However, acts of God, accidents, fire, explosions, earthquakes, floods, water, hurricanes, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes do not relieve the Provider from its responsibility under the Contract, for the health, safety and welfare for the youth assigned to it by the Department. O. Insurance 1. The Provider shall maintain, if applicable, the following types of insurance listed below during the entire period of this Contract and submit proof of maintenance to the Department on an annual basis. a. Commercial General Liability with a minimum limit of $500, per occurrence and $1,000, policy aggregate (defense cost shall be in excess of the limit of liability). Coverage shall include premises and operations, products and completed operations, personal injury, advertising liability, and medical payments. b. Automobile Liability Insurance shall be required and shall provide bodily injury and property damage liability covering the operation of all vehicles used in conjunction with performance of this Contract, including hired and non-owned liability coverage: 1) With a minimum limit for bodily injury of $250,000 per person; 2) With a minimum limit for bodily injury of $500,000 per accident; Page 28 of 69

29 3) With a minimum limit for property damage of $100,000 per accident; and/or 4) With a minimum limit for medical payments of $10,000 per person. 2. The Provider shall maintain Worker s Compensation and Employers liability insurance as required by Chapter 440, Florida Statutes, with minimum employers liability limits of $100,000 per accident, $100,000 per person and $500,000 policy aggregate. 3. The Department shall maintain insurance for all Department-furnished real and personal property in Department-owned or leased facilities that are utilized by the Provider to deliver services under this Contract. For those services that are not delivered in Department-owned or leased facilities, the Provider shall procure and maintain fire and extended coverage for all property, furnishings and equipment furnished by the Department in an amount equal to its full insurable replacement value. The Department shall be named as a loss payee on these policies. 4. The Contract shall not limit the types of insurance the Provider may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Provider shall not be interpreted as limiting the Provider s liability and obligations under the Contract. 5. All insurance shall be in effect before the Provider commences services under this Contract or takes possession of Department-furnished property. The Provider shall deliver all Certificates of Insurance to the Department before the Department provides any funds. A Florida-regulated insurance company or an eligible surplus lines insurance carrier shall write all insurance. The Certificates shall be completed and signed by authorized Florida Resident Insurance Agents or Florida Licensed Nonresident Insurance Agents and delivered to the Department s Contract Manager. All certificates shall be dated and contain: a. The name of the Provider, the program name, the name of the insurer, the name of the policy, its effective date, and its termination date; b. The State of Florida listed as an Additional Named insured for policies of General Liability and Automotive Liability; c. A statement the insurer will mail a notice to the Department s Contract Manager at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy; and d. All coverage required in this Contract. P. Suspension of Work The Department may, in its sole discretion, suspend any or all activities under the Contract, at any time, when in the interests of the State to do so. The Department shall provide the Provider written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, or a declaration of emergency. After receiving a suspension notice, the Provider shall immediately comply with the notice. Within ninety (90) days, or any longer period agreed to by the Provider, the Department shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. The Provider will not receive compensation during the suspension period for the services that are under suspension. Q. Inspector General Requirements 1. Investigation Pursuant to section , Florida Statutes, the Office of the Inspector General is responsible for providing direction for supervision and coordination of audits, investigations, and reviews relating to the programs and activities operated by or financed by the Department for the purpose of promoting economy and efficiency, and shall conduct investigations designed to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and other abuses in its programs and activities. The Inspector General and staff shall have access to any records, data, and other information maintained by the Department or Provider as deemed necessary to carry out the aforementioned activities. The Provider will ensure that all Provider staff, and its subcontractors, fully cooperate with the Page 29 of 69

30 Office of the Inspector General staff and/or other Department staff conducting audits, investigations, or reviews. The Provider shall, as directed by the Department, conduct Program Reviews of incidents reported to the Department. Program Reviews will be conducted by Provider staff certified by the Department as Program Review Specialists. 2. Incident Reporting Pursuant to Rule 63f , Florida Administrative Code, Central Communications Center, the Provider shall comply with all Department incident reporting requirements. The Provider shall develop an internal numbering process for all incident reports to ensure that all reports are present and maintained in accordance with Department policy, including implementation of a written Arrest Reporting procedure requiring all owners, operators, directors, caretaker/direct contact staff, and subcontracted staff, who have been arrested for any criminal offense to make a report of their arrest, either written or oral, to their immediate supervisor within three (3) business days of the arrest. This procedure shall require the imposition of corrective action for noncompliance. Programs must comply with the reporting requirements as outlined in the Department s incident reporting policy. 3. Background Screening The Provider shall comply with the Department s Statewide Procedure on Background Screening for Employees, Vendors, and Volunteers that is available on the Department s website. The Provider shall comply with the requirements for background screening pursuant to chapters 39, 435, 984 and 985, Florida Statutes and the Department s background screening policy (FDJJ 1800 Revised 7/30/10 with corrections on 8/12/10). Failure to comply with the Department s background screening requirements may result in termination of the Contract. R. Quality Improvement Standards 1. The Department will evaluate the Provider s program, in accordance with section , Florida Statutes, to determine if the Provider is meeting minimum thresholds of performance pursuant to the Department s Quality Improvement standards. 2. A Provider failing a Quality Improvement Review shall cause the Department to conduct a second Quality Improvement Review within six (6) months. Failure of the second Quality Improvement Review shall cause the Department to terminate the Provider's contract, unless the Department determines there are documented significant extenuating circumstances. In addition, if the Provider s contract is terminated, the Department may not contract with the same Provider for the terminated service for a period of twelve (12) months. 3. Quality Improvement Reviews shall be based only on standards assessing compliance with this Contract, local, state, and federal laws, rules, regulations and codes, as well as Department policies, procedures and manuals that are in effect on the date that this Contract is fully executed, unless otherwise negotiated in writing between the Department and the Provider. 4. The Provider may ensure a minimum of one (1) staff member per contract participates in an on-site Quality Improvement Review in another judicial circuit on an annual (calendar year) basis. The Provider shall ensure all staff participating in Quality Improvement Reviews are at the management or supervisory level, have a minimum of a Bachelor s Degree unless a waiver request has been submitted and approved by the Department, and have completed the Department s Quality Improvement Peer Reviewer Certification Training Program. Participation in the training and the review shall be at the Provider s expense. 5. The results of Quality Improvement Reviews and final scores do not relieve the Provider of its responsibility for compliance with the provisions in this Contract. T. Monitoring The Department will conduct periodic unannounced and announced programmatic and administrative monitoring to assess the Provider s compliance with this Contract and applicable federal and state laws, rules and Department policies and procedures. The Page 30 of 69

31 Provider shall permit persons duly authorized by the Department to inspect any records, papers, documents, electronic documents, facilities, goods and services of the Provider that are relevant to this Contract, and interview any clients and employees of the Provider under such conditions as the Department deems appropriate. Following such inspection, the Department will deliver to the Provider a list of its findings, including deficiencies regarding the manner in which said goods or services are provided. The Provider shall rectify all noted deficiencies specified by the Department within the specified period of time set forth in the Department s Monitoring Report. The Provider s failure to correct within the time specified by the Department may result in the withholding of payments, being deemed in breach or default, and/or termination of this Contract. U. Financial Consequences 1. Financial consequences shall be assessed for Contract non-compliance or nonperformance in accordance with the FDJJ Policy #2000, and the Department Contract Monitoring Guidelines, Chapter 2, (available on the Department s website) for the following: a. failure to submit a Corrective Action Plan (CAP) within thirty (30) calendar days of the Monitoring Visit; b. failure to implement the CAP for identified deficiencies within the specified time frame(s); c. and/or upon further failure to make acceptable progress in correcting deficiencies as outlined in the CAP within specified timeframes. 2. By executing a Contract, the Provider expressly agrees to the imposition of financial consequences as outlined below, in addition to all other remedies available to the Department by law. Total monthly value of contract X 1.0% = Financial Consequence Imposition of consequences shall be per deficiency per day 3. Upon the Department s decision to impose financial consequences, written notification will be sent to the Provider. Notification will outline the deficiency(ies) for which financial consequences are being imposed, the conditions (including time frames) that must be in place to satisfy the deficiency(ies) and/or the Department s concerns, the amount of the financial consequence and the month the deduction shall be made on the invoice. The Contract Manager shall deduct the amount of financial consequences imposed from the Provider s next monthly invoice as specified in the written notification. 4. If the Provider has a grievance concerning the imposition of financial consequences for noncompliance, the Provider shall follow the dispute process that is outlined in Section VIII. T., (Dispute Resolution) of the Contract, outlining any extenuating circumstances that prevented them from correcting the deficiency(ies). S. Confidentiality 1. Pursuant to section , Florida Statutes, all information obtained in the course of this Contract regarding youth in the care of the Department is confidential. The Provider shall comply fully with all security procedures of the State and the Department in performance of the Contract. The Provider shall not divulge to third parties any confidential information obtained by the Provider or its agents, distributors, resellers, subcontractor, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Department. The Provider shall not be required to keep confidential information or material that is publicly available through no fault of the Provider, material that the Provider developed independently without relying on the State s or Department s confidential information, or material that is otherwise obtainable under State law as a public record. The Provider shall take appropriate steps to ensure its personnel, agents, and subcontractors protect confidentiality. The warranties of this paragraph shall survive the Contract. 2. The Provider shall comply with all requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulation applicable to entities covered under HIPAA, issued by the Department of Health and Human Page 31 of 69

32 Services, entitled Standards for Privacy of Individually Identifiable Health Information (45 CFR Parts 160 and 164, effective April 14, 2000), if applicable under this Contract. T. Dispute Resolution Any dispute concerning compliance and/or performance of this Contract shall be decided by the Department s designated Contract Manager, who shall reduce the decision to writing and serve a copy to the Provider. Any dispute that cannot be resolved shall be reduced to writing and delivered to the Department s Assistant Secretary or designee of the relevant program area for resolution. U. Severability If a court deems any provision of this Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. V. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion The Provider, by execution of this Contract, certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in contracting with the Department by any federal department or agency, pursuant to 34 CFR, Part 85, Section The Provider shall notify the Department if, at any time during this Contract, it or its principals are debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in contract with the Department by any federal department or agency. The list of excluded entities is available at W. All property purchased by the Provider utilizing Contract funds is the Property of the State and shall be returned to the Department upon expiration of this Contract. The property shall be returned in a condition which allows for re-use of equipment. The Department shall make the determination regarding the surplus of State-owned property. The Provider shall maintain property to protect against theft and/or damage. The Provider may not be reimbursed for property purchased unless specifically allowed by this Contract. X. MIS Security In accordance with Rule 71A (1)-(5) F.A.C., Contractors, Providers, and Partners employed by the Department or acting on behalf of the Department shall comply with all applicable security policies, and employ adequate security measures to protect the Department s information, applications, data, resources, and services. When applicable, network connection agreements shall be executed for third-party network connections prior to connection to the Department s internal network. IX. CAPTIONS The captions, section numbers, article numbers, title and headings appearing in this Contract are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such articles or sections of this Contract, nor in any way effect this Contract and shall not be construed to create a conflict with the provisions of this Contract. X. Attachments and Exhibits to be Included as Part of This Contract: Attachment I: Services to be Provided Exhibit 1: Invoice Exhibit 2: Contract Census Report Exhibit 3: Staffing Matrix Exhibit 4: Florida Minority Business Enterprise (MBE) Utilization Report Page 32 of 69

33 Personnel Regional Manager Maximum Rate Allowed $49.97 per hour ATTACHMENT F PRICE SHEET Rate Proposed Estimated Hours Per Week Week Per Year (1) ANNUAL MAXIMUM ALLOWABLE COST 67, Annual Total Price Proposed (2) Pinellas RJDC Personnel DHA/Physician ARNP LPN Clerk Pasco RJDC Personnel DHA/Physician ARNP LPN Clerk Manatee RJDC Personnel DHA/Physician ARNP LPN Clerk West Hillsborough RJDC Personnel DHA/Physician ARNP LPN Clerk Maximum Rate Allowed $ per hour $54.97 per hour $32.00 per hour $18.00 per hour Maximum Rate Allowed $ per hour $54.97 per hour $32.00 per hour $18.00 per hour Maximum Rate Allowed $ per hour $54.97 per hour $32.00 per hour $18.00 per hour Maximum Rate Allowed $ per hour $54.97 per hour $32.00 per hour $18.00 per hour Rate Proposed Estimated Hours Per Week Week Per Year ANNUAL MAXIMUM ALLOWABLE COST (1) 2 52 $28, (2) (1) $57, (1) $126, (1) $37, Rate Proposed Estimated Hours Per Week Week Per Year ANNUAL MAXIMUM ALLOWABLE COST (1) 1 52 $14, (2) (1) 20 (1) 80 (1) 40 Rate Proposed Estimated Hours Per Week Week Per Year $57, $133, $37, ANNUAL MAXIMUM ALLOWABLE COST (1) 2 52 $28, (2) (1) $57, (2) (1) $133, (2) (1) $37, (2) Rate Proposed Estimated Hours Per Week Week Per Year ANNUAL MAXIMUM ALLOWABLE COST (1) 2 52 $28, (2) (1) $57, (2) (1) $133, (2) (1) $37, (2) Annual Total Price Proposed (2) (2) (2) (2) (2) (2) Annual Total Price Proposed Annual Total Price Proposed Annual Total Price Proposed Page 33 of 69

34 INSTRUCTIONS FOR OPTION# 1 In cell # (1) above, Providers shall insert the Proposed Rate. In cell # (2) above, Provider shall insert the Annual Total Price Proposed (Proposed Rate x Estimated Hours Per Week x Weeks Per Year). NOTE: Unit Price Bid will Prevail. IT IS A MANDATORY REQUIREMENT THAT THE ANNUAL MAXIMUM CONTRACT DOLLAR AMOUNT PROPOSED ON ATTACHMENT F IS AT OR BELOW THE MAXIMUM ANNUAL PRICE STATED IN THE ITB. SEE ATTACHMENT B, SECTION V. THE RENEWAL TERM ANNUAL DOLLAR AMOUNT WILL BE THE SAME AMOUNT AS THE ORIGINAL CONTRACT AMOUNT. By submission of and signature on this form, the prospective Provider agrees to all terms and conditions of this ITB and commits the Bidder to the prices stated. NAME: TITLE: COMPANY: ADDRESS: ADDRESS: TELEPHONE NUMBER: SIGNATURE: DATE: Page 34 of 69

35 ATTACHMENT I SERVICES TO BE PROVIDED I. GENERAL DESCRIPTION A. Services to be Provided 1. The Provider shall deliver comprehensive on-site medical services to youth in custody at the Hillsborough, Pinellas, Pasco and Manatee Regional Juvenile Detention Centers. a. These services shall be designed to provide accountability and rapid response to ensure that the specialized health needs of adolescent youth are met in accordance with the Department s Health Services Manual (Revised 2006 with April 2010 Updates) and any existing Department policies and Rules b. The Provider shall reference the Department s Health Services Manual (Revised 2006 with April 2010 Updates) for further clarification on the services in this Attachment 1. c. These medical services shall, at minimum, include primary and preventative care, sick call and episodic care, acute and chronic medical treatment and follow up. 2. The Provider shall ensure that all staff is specifically trained in the areas of pediatric and adolescent healthcare and suicide prevention in the detention center setting and that their staff has reviewed and understands the Department s Health Service Manual (Revised 2006 with April 2010 Updates) requirements prior to the start of service provision. 3. All professionals contracted by the Provider to render services shall be continuously licensed, certified or registered, as required by law, rule, policy and the Department of Health, in their respective areas of expertise, pursuant to applicable law, in the State of Florida. 4. The licenses and certifications shall be provided to the Department Contract Manager prior to the execution of the Contract and subsequently updated as staffing changes occur. 5. The Provider shall have policies and procedures in place in the case of a medical emergency within the facility. All staff that has direct contact with youth is to be trained to respond to medical emergencies and understand that they are to immediately call in a medical emergency that poses the need for urgent medical attention (for example, a youth unresponsive/unconscious, bleeding profusely, acutely ill, etc.). 6. Notwithstanding anything set forth herein this Contract, its exhibits, attachments and other documents incorporated herein, the Provider shall be responsible only for the provision of required staffing for the hours specified in accordance with Exhibit 3 of this Contract and shall not be responsible for costs associated with off-site care, EKG, X-ray, emergency room services, ambulance services, pharmaceutical services, lab services, equipment, supplies, specialty care, and all other services provided hereunder this Contract. B. Authority Section (1)(b) Florida Statutes, authorizes the Department of Juvenile Justice to provide for the health and well-being of youth in the state s care and to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; ensures secure and safe custody; and promotes the health and well-being of all children under the state s care. C. Service Limits Services shall be limited to youth who are detained at the Hillsborough, Pinellas, Manatee and Pasco Regional Juvenile Detention Centers. Page 35 of 69

36 D. Contract Service Definitions 1. Delinquent Youth: A youth who has been found to commit a delinquent act by a juvenile circuit court judge. 2. Department: The Florida Department of Juvenile Justice, the executive branch agency responsible for the planning, coordinating, and managing the delivery of all programs and services within the juvenile justice continuum. 3. Detention: Detention provides temporary custody for youth while awaiting an adjudication hearing, disposition or commitment placement. 4. Outcome Evaluation: a. An assessment of the extent to which a program achieves its contractual objectives related to short-term or long-term changes in program participants' behavior, knowledge or attitudes. b. Measurement of the effects of an intervention program in the target population. 5. Provider: The entity that has contractually agreed to provide medical services and staff to the Department for the care of its youth. E. Department Responsibilities The Department will: 1. Provide a reasonable space for the medical staff to examine and treat juveniles within the detention facility. 2. Provide Provider s staff the use of a personal computer, printer, copier and office supplies while at the facility. 3. Provide classification folders for the Individual Healthcare Records. 4. Be responsible for the transportation and security of juveniles to and from off-site service providers as well as for emergency medical care provided by off-site providers. 5. The Facility Detention Superintendent, and/or their designee, will be directly responsible for maintaining liaison with the Provider s staff and resolving any issues regarding facility compliance with the mental health and substance abuse operational procedures jointly agreed upon. 6. As Department manuals, Facility Operating Procedures (FOP s) and Quality Improvement (QI) standards are updated; the Provider will be provided copies and shall comply with the contents. 7. Provide on-site monitoring throughout the term of this Contract. 8. Provide a Regional Nurse Consultant for supervisory oversight of nursing services. II. III. YOUTH TO BE SERVED General Description of Youth to be Served Medical services shall be provided to youth detained at the Hillsborough, Pinellas, Manatee and Pasco Regional Juvenile Detention Centers. SERVICES TO BE PROVIDED A. Service Tasks. 1. General Provider Responsibilities a. The Provider shall comply with all Department manuals and policies regarding health care. b. The Provider shall comply with all Quality Improvement Indicators identified in the Quality Improvement Standards for Detention Facilities and for Health Care Services. c. The Provider shall report to the Department specific events as defined in the above-referenced Detention Center s Operating Procedures. A copy of these procedures will be provided upon request. d. The Provider shall participate as directed by Department Regional staff in all abuse or neglect cases if an investigation commences involving or affecting a youth in a Detention Center. Page 36 of 69

37 e. The Provider shall coordinate and document efforts to contact youth s parent/guardian and/or youth Probation Officer (JPO) to bill private insurance for services rendered while in the facility f. The Provider shall ensure that the nursing medical staff is specifically trained in the following areas and receive a general overview of the youth justice system in Florida prior to beginning services. The training and overview shall include, but not limited to: 1) Conducting adolescent and pediatric youth-nursing screenings; 2) Conducting sick call, to include basic information on commonly encountered sick call problems; 3) Conducting the clinical nursing evaluation of acute health problems; 4) Reviewing suicide prevention protocol in the detention center setting; 5) Reviewing all Department policies, procedures and manuals; 6) Coordinating the administration and the actual administration of all medication; and 7) Maintaining documentation of care and services provided to youth as required by the Department. g. The Provider shall ensure that all medical personnel adhere to and follow all facility operating policies pertaining to the daily facility operation and security. h. The Provider shall have a program specific comprehensive system to provide prenatal, obstetrical and gynecological services. i. The Provider shall ensure episodic and emergency care are provided per policy, procedure and documented process. 2. Informed Consent Procedures a. The Provider shall provide and document informed consent for medical treatment in accordance with the current Health Services Manual (Revised 2006 with April 2010 Updates). b. The Provider s nursing staff shall contact the parent/guardian when any medication is prescribed or changed. Such attempts/conversations shall be documented according to Department requirements. c. The Provider s nursing staff shall complete the Parental Notification of Health Related Care form within hours. d. In applicable circumstances, the Provider s nursing staff shall coordinate with the Psychiatric Provider in order to complete the Parental Notification of Health Related Care Form and mail this along with page 3 of the Clinical Psychotropic Progress Note (CPPN) and The Acknowledgement of Receipt of CPPN within 24 to 48 hours by Certified Mail (with Return Receipt) to the parents/guardian to the address on record. e. Mailings will be at the expense of the department. f. If the parent refuses or is unavailable then the Superintendent must be notified that a court order must be pursued. 3. Communication a. The Provider will ensure that the nursing staff holds a mini-treatment team meeting with the appropriate mental health, psychiatric and detention operational staff, each week for the purpose of integrating medical, mental health and substance abuse treatment. The psychiatrist shall either participate in the facility s mini-treatment team, or shall on a regular basis brief the treatment team on the status of each youth receiving psychiatric services or psychotropic medications. b. The Provider will routinely meet with the Detention Facility Superintendent and/or their designee weekly concerning medical/health needs of youth in the facility, staffing concerns, training issues, Page 37 of 69

38 coordination with other providers and any other dialogue needed to ensure open lines of communication are maintained and services are delivered as required. c. The Provider shall have a program specific Medical Alert system in place to ensure necessary information is communicated to detention staff. 4. Pharmacy Services a. All costs associated with pharmaceuticals and over-the-counter medications will be the responsibility of the Department. The Provider s nursing staff shall process all prescriptions and over-the-counter medications with the Department s contracted Provider, ensuring all orders are placed on a timely basis and that inventories are maintained and reported timely and accurately. b. The Provider shall develop procedures for administration and disposal of medications and pharmaceutical products. The subjects that these procedures shall encompass shall include: 1) Verification of prescriptions; 2) Confirmation of contents of the medication container; 3) Coordination with the DHA or the original prescribing physician; 4) Compliance with informed consent requirements with respect to medications; 5) Safe and secure storage of prescribed and over-the-counter medications; 6) Accounting and inventory procedures for medications and overthe-counter medications, including needles, sharps, etc; 7) Maintenance of a working inventory of prescribed medications, controlled substances and over-the-counter medications, ensuring supplies are routinely inventoried and supplies are returned or disposed of accordingly; 8) Safe and effective administration of oral prescribed medications and over-the-counter medications by designated staff members who have training in this function if sufficient licensed, healthcare professionals are not available on-site to perform this function; 9) Safe and effective administration of parenteral (subcutaneous, intradermal or intramuscular) medications only by licensed healthcare professionals who are qualified to administer such medications; 10) Coordination of daily communication between healthcare personnel and the Detention staff members who are administering medications and/or over-the-counter medications in the absence of healthcare personnel; 11) Effective on-going clinical monitoring for drug side effects and for appropriate drug levels for those classifications of medications for which monitoring is required, at intervals clinically indicated; 12) Implementation of a system of placing facility staff on alert when a youth is receiving one of the specified categories of medication, which frequently have side effects and/or interactions; 13) Addressing medication omission, errors and unaccounted medication supplies; 14) Disciplinary procedures that are documented and provided to the Department, the Facility Superintendent, the Detention Regional Nurse Consultant and the Contract Manager to ensure compliance of a safe and drug free workplace. 15) Implementation of a system that requires all non-emergent new prescriptions to be sent to the pharmacy within 12 hours. In the case where a youth has medications from home, the Page 38 of 69

39 parent/guardian has 24 hours to deliver the medications to the facility. If the facility has not received these medications within 24 hours, the facility DHA or ARNP shall be notified to provide the prescription. If any delays occur then the prescribing ARNP or physician shall be notified immediately. 16) Implementation of a system that states that emergency prescriptions shall be filled immediately through the facility backup pharmacy with prior approval of the contracted pharmacy vendor. 5. Medical Supplies a. All costs associated with medical supplies will be the responsibility of the Department. It will be the Provider s responsibility to collaborate with the facility fiscal staff to ensure orders are placed in a timely fashion and ensure that inventories are maintained and reported timely and accurately. b. The Provider shall maintain medical supplies in the medical unit of the facility, including first aid kits for Department vehicles, in order to render comprehensive medical care to the youth in the detention center. These supplies shall include, but not be limited to, inventory, replacement and restocking of existing supplies (band aids, gauze, cotton, paper medicine cups, ace bandages, etc.) in all First Aid kits within the facility and/or facility vehicles for provision of emergency care and First Aid services to the youth. c. The Provider shall review the facility s First Aid kit and recommend any additional items to be added by the Department. 6. Laboratory, X-Ray and Diagnostic Service Tasks a. The costs incurred of providing laboratory, EKG, and X-ray services onsite shall be the Department s responsibility. The Provider or its subcontracted provider shall be responsible for facilitating, scheduling or making arrangements for these services to be provided on-site. b. Some youth may require one or more of the following as part of their comprehensive physical assessment: 1) Complete blood count; 2) Serum chemistry panel; 3) Liver panel; 4) Lipid panel (total cholesterol, LDL, etc.) for adolescents with identified risk factors; 5) Hematological testing as warranted in the case of chronic immunosuppression; 6) Drug levels; 7) Pregnancy testing and/or 8) Any other serological examinations that a youth s condition warrants. c. DNA test kits, swabs, and processing will be provided by the State of Florida. d. Only medical staff will collect laboratory samples. e. Department staff will process, schedule and mail the tests to the Department s laboratory provider. f. The Provider will not be financially responsible for emergency room visits and specialty medical service provider visits. g. X-rays, labs or diagnostic tests ordered by emergency room physicians and off-site medical providers shall not be the financial responsibility of the Provider. h. If at any time, the Provider determines it necessary to use services other than on-site mobile x-rays or laboratory services to conduct medical, diagnostic or clinical procedures that are beyond on-site s vendor Page 39 of 69

40 capabilities, documentation of clinical judgment for use of these services shall need to be documented in youth s file. i. The Provider shall draw blood and/or other body fluids, including hair samples, for forensic testing purposes pursuant to court orders. The Provider shall not incur any laboratory costs associated with this service. j. The Provider shall provide drug-screening tests as requested by the Facility Detention Superintendent and/or their designee pursuant to court order. k. The Provider shall develop a procedure for the immediate forwarding of abnormal lab results to the ordering physician or ARNP. In the case of critical lab results that may affect a youth s condition or care, the procedure shall address how the nursing or direct care staff shall notify the physician or ARNP. It shall also include provisions as to what shall be done in cases when a timely response is not received from the physician or ARNP regarding these results. The youth s Individual Healthcare Record shall be clearly documented with all actions taken. l. The Provider shall provide a program specific system to verify Immunizations and administer Immunizations if indicated. 7. Infection/Exposure Control Plan a. The Provider shall develop and maintain the facility s Exposure Control Plan and provide infection and exposure control procedures and training, including Personal Protective Equipment (PPE) to the medical and detention staff. b. The Provider shall develop procedures for special services, including biohazard services/removal, disposal of Biohazard waste materials, including needles and sharps, in accordance with OSHA guidelines and community standards, documented records of waste removal, and development and implementation of infection control measures. c. The Provider shall assume all financial responsibility for biohazard waste service, removal and PPE. d. The Provider shall administer the Hepatitis B immunization series as available for selected direct care staff. The cost for these shots will be the responsibility of the Department. e. The Provider shall initiate this service to the JDO staff during the first week of employment at the detention facility according to OSHA requirements and guidelines. f. The Provider shall keep individual records of vaccinations administered until the series is completed. g. Upon completion of the series, the Provider shall forward the completed documentation to the facility administration staff that will file the information in the employee s file. h. The Provider shall provide the Contract Manager with a monthly log of every hepatitis vaccination administered to Detention staff. i. The Provider shall work with the Facility Personnel Liaison as well as the Facility Detention Superintendent to ensure all staff receives the initial and all subsequent shots in a timely manner. 8. Off-Site Healthcare Needs a. The Provider shall ensure that off-site healthcare providers are provided with the Department s standardized form for recording off-site care; b. The Provider shall arrange, and obtain approval for, any emergency care through the Facility Superintendent or his/her liaison. Services deemed to be an emergency shall not be delayed; c. The Provider shall develop on-site protocols for dental emergencies to use while awaiting transfer to emergency dentist; Page 40 of 69

41 d. The Provider shall coordinate with, and receive approval for, all invasive and diagnostic procedures requiring services at an off-site center, from the Facility Superintendent or designee; and e. The Provider shall ensure a signed copy of the Authority for Evaluation and Treatment form and third party insurance information is available to be taken with the youth for any off-site treatment. 9. Medication Management Services a. The Provider shall provide prescription and over-the-counter medication as directed by the DHA, to address the medical needs of the youth. New medication prescriptions shall be written for no more than fourteen (14) days and then shall be evaluated for therapeutic effectiveness. b. A generic equivalent shall be used when indicated and after a thorough review of past medication documentation. In the event that the treatment was originally prescribed by a primary or pre-existing provider, that provider shall be consulted prior to changing to a generic form of the prescribed treatment. c. The Provider s medical/nursing staff shall document all efforts to consult any pre-existing provider(s). d. Storage of prescription and over-the-counter medications shall be in accordance with Pharmacy Rules and Regulations. e. The Provider shall have a program specific Medication Management system addressing verification, administration, storage, inventories, and Pharmacy services. f. The Provider shall monitor prescription medications at regular intervals. 10. Transitional Services a. Transitional services shall apply to youth who are: 1) Released or discharged to the community; 2) Placed on conditional release; 3) Transferred to another Department secure detention center; 4) Transferred to a residential commitment program; or transferred to an adult jail or prison. b. Transitional Services shall consist of: 1) The Provider s nursing staff contacting an agency or clinic designated by the facility, and the parent/guardian and/or JPO. 2) The Provider shall ensure that all youth with any chronic or outstanding medical or mental health condition and all youth who are prescribed medication at the time of any release, transfer, or discharge will have a documented review of his/her Individual Healthcare Record to ascertain the need for follow-up and to ensure that appropriate, effective, timely referrals and other necessary communications were made and documented on the Health Discharge Summary Transfer Note. 11. Records and Documentation Requirements a. The Provider s staff shall maintain daily medical logs, as required by the Department, of all youth seen in the clinic. b. The Provider s staff shall maintain aggregate logs (sick call, emergency care, etc.) and make notations as applicable in the youth s Individual Healthcare Record of medical/nursing encounters and activities. c. The Provider s staff shall ensure the storage of records is secure and confidentiality is enforced. 12. Individual Health Care Record Documentation a. The Provider s staff shall ensure notations and entries in the Individual Healthcare Record shall be in accordance with Department policy. b. The Provider s staff shall ensure that the original, cumulative Individual Healthcare Record is transferred to the receiving residential facility/program with those youth who are transferred, and that any other Page 41 of 69

42 health-related documentation, which arrives after transfer is forwarded to that facility/program. They shall then ensure that all youth with any chronic or outstanding medical or mental health conditions, and all youth who are prescribed medications at the time of any release will have a documented review of their Individual Healthcare Record to ascertain the need for follow-up and to ensure that appropriate referrals and communications were made. c. The Provider s staff shall ensure, for youth who are released to the community, that the original Individual Healthcare Record is maintained in accordance with Departmental policy in such a manner that it can be re-activated if the youth re-enters the system. d. The Provider s staff shall ensure, for youth who are placed in a Day Treatment Program, that the day treatment program receives a Health Discharge Summary and that the original individual health care record is maintained in accordance with Department policy. e. The Provider s staff shall ensure that the youth s probation officer receives a copy of the Health Discharge Summary upon a youth s release into the community. f. The Provider s staff shall ensure that off-site health care providers are given the Department s standardized form (Summary of Off-Site Care) for recording off site care. 13. Non-Clinical Service Tasks a. The Provider shall assist the Facility Superintendent and/or his/her designee for the development of Facility Operating Procedures (FOPs) addressing medical services necessary to comply with Quality Improvement standards and Department policies; b. The Provider shall review and follow all health-related Departmental policy, including the facility practice/ procedure related to the use of force as required by Department PAR Administrative Rule Protective Action Response; c. The Provider shall ensure proper and timely input into Juvenile Justice Information System (JJIS), is done daily to update, monitor alerts, etc. for each youth. d. The Provider shall work with the Department s contracted Pharmacy Provider and medical supplier to order all medical supplies, over-thecounter medications and pharmaceuticals, ensuring appropriate documentation remains at the facility for accounting and tracking purposes. 14. Special Provisions a. The Provider shall not permit any publicity involving Department youth for any purpose in the form of identifiable pictures or use of proper name without the written permission of the Department. b. The Provider shall ensure that all medical personnel adhere to and follow all facility operating policies pertaining to the daily facility operation and security. B. Service Task Limits Only qualified, licensed staff may provide services under this Contract. C. Staffing/Personnel 1. Staffing General The Provider and all personnel provided under this Contract, whether performance is as a Provider, subcontractor, or any employee, agent or representative of the Provider or subcontractor, shall continually maintain all licenses, protocols, and certifications that are necessary and appropriate or required by the Department or another local, state or federal agency, for the services to be performed or for the position held. Page 42 of 69

43 a. All professionals contracted or subcontracted by the Provider to render services shall be continuously licensed, certified or registered, as appropriate in their respective areas of expertise, pursuant to applicable law, in the State of Florida. b. Copies of all licenses and certifications shall be provided to the Contract Manager prior to the delivery of services. The Provider shall maintain and provide copies of staff s Florida licenses in accordance with Department manuals and policies. All such personnel shall renew licenses or certifications pursuant to applicable law or rule. c. The Provider shall provide licenses and certifications to the Contract Manager for any newly hired personnel prior to staff employment at the facility. d. Special alerts identified on staff licensures shall be communicated immediately in writing to the Contract Manager. 2. Staffing Levels The Provider s shall providing staffing on-site as designated in Exhibit 3, Staffing Matrix, of this Contract. 3. Staffing Qualifications In order to ensure the provision of necessary and appropriate healthcare, the Provider shall ensure the staff provided for the positions on Exhibit 3, Staffing Matrix meet the qualifications for each position identified below: a. Designated Health Authority (DHA)/Physician The Designated Health Authority shall be a Board-Certified and Florida licensed physician (MD or DO), with a specialty in Pediatrics, Family Practice or Internal Medicine. He/she shall have an active and clear Florida License in accordance with chapters 458 and/or 459, Florida Statutes. 1) The Provider s contracted physician will remain the DHA of record. The clinical or the administrative responsibilities SHALL NOT BE delegated to other health care providers such as a Registered Nurse (RN). 2) The DHA shall be available 24 hours per day 7 days per week by telephone, pager or in person for consultation and advice. 3) The DHA shall work on-site as specified on Exhibit 3, Staffing Matrix for the purpose of administrative and clinical responsibilities. b. Advanced Registered Nurse Practitioner (ARNP) The Medical Advanced Registered Nurse Practitioner shall have an active and clear Florida License under chapter 464, Florida Statutes, with a certification as such by the Department of Health. 1) The ARNP s academic/clinical specialty shall be in Family Health or Pediatrics. 2) The physician with whom the ARNP has her/his collaborative practice protocol (CPP) shall be a Pediatrician, Family Practitioner, or Internist in good standing, with an unrestricted license in the State of Florida. 3) The CPP between the physician and the ARNP shall state that the physician is serving as the facility s DHA. 4) The CPP shall be updated annually and on file with the Department of Health. 5) Primary care/family practice ARNPs may not prescribe psychotropic medications for youth at the Detention Center. c. Registered Nurse (RN) and Licensed Practical Nurse (LPN) 1) RNs shall have an active and clear Florida license in accordance with chapter 464, Florida Statutes. Page 43 of 69

44 2) LPNs shall have an active and clear Florida license in accordance with chapter 464, Florida Statutes. 3) A position designated by the Department as requiring an RN shall not be filled by an LPN, and one designated for an LPN cannot be filled by anyone below the level of an LPN (e.g. a Certified Nursing Assistant). 4) If LPNs are providing healthcare, they shall be directly supervised by health care professionals at or above the level of a Registered Nurse. If a higher level health care professional is not on site then the LPN shall review all sick calls, episodic and emergency care cases daily with one of the health care providers at or above the level of an RN. d. Medical Records Clerk This is a non-licensed healthcare position that provides administrative and clerical assistance to the nursing staff in the clinic. 4. Provider Staff Responsibilities The Provider s staff shall perform responsibilities/service tasks as specified below: a. Designated Health Authority (DHA) Responsibilities/ The DHA shall be on-site as specified in Exhibit 3, Staffing Matrix, or more as the clinical needs of the population dictate. Specific times for the described physician services shall be coordinated with, and agreed to in writing, by the Facility Superintendent in order to allow for flexibility in meeting the youths needs. DHA responsibilities shall include, but not be limited to: 1) Providing oversight and supervision of all health and medical services including the general supervision of all medical personnel. a) The DHA shall be responsible for the overall clinical direction, policies, and protocols for the medical services provided. b) Final clinical judgments shall rest with the DHA. 2) Providing direct, on site clinical supervision and services. 3) Performing Comprehensive Physical Assessments (CPA), initial and then annual, if they become due, for detained youth and youth referred from the community that are on Probation or Committed status and in consideration for placement into a commitment facility or be court ordered by a judge, within the timeframe as detailed in the below and in the Department s Health Services Manual (Revised 2006 with April 2010 Updates). a) For youth who are known to be MEDICAL GRADE 1, the facility s Designated Health Authority must ensure that youth who enter the physical custody of a detention center have documentation of a Comprehensive Physical Assessment or receive a CPA performed by a licensed Physician or Advanced Registered Nurse Practitioner or Physician Assistant as soon as possible, preferably within 72 hours but no later than (10) ten calendar days from the date of admission. As a Medical Grade 1, these youth must: i. Have no known acute or chronic conditions or communicable diseases; ii. Not require prescription medications; iii. iv. Not be pregnant; and Have no acute problems identified on the Facility Entry Physical Health Screening. Page 44 of 69

45 b) For youth who are known to be MEDICAL GRADES 2, 3, 4, & 5, the facility Designated Health Authority shall ensure that youth who enter the physical custody of a secure detention center and who report or exhibit signs of, an acute or chronic condition, or are prescribed medications, or have a communicable disease (and who do not have a current CPA on file), receive a Comprehensive Physical Assessment performed by a licensed Physician or Advanced Registered Nurse Practitioner or Physician Assistant as soon as possible, preferably within 72 hours, but no more than ten(10) calendar days from the date of admission. However those youth that have Medical Grades 2, 3,4 &5 that are on medication and/or are symptomatic they should be referred to the DHA or designee for sick call for medication review, renewal or symptomatic treatment. c) If a CPA was performed on a youth during a prior admission (either to a detention center or a residential commitment program) and is considered current, that CPA should be reviewed as the youth is examined and signed off as reviewed, but not necessarily duplicated. d) If there is a current CPA on file, and the youth has had a change in condition, then the physician should conduct a focused medical evaluation of the youth that is documented in the progress notes of the Individual Health Care Record. e) A current CPA is one that has been performed within one (1) year for youth with Medical Grades of 2, 3, 4, or 5 and within two (2) years for youth with a Medical Grade of 1, only if there have not been any interim changes (new conditions, new medications, etc.). 4) Classify youth based on the Department s medical grade classification system. 5) The Provider shall provide necessary and appropriate genderresponsive healthcare services pursuant to the Department s Health Services Manual (Revised October 2006 with April 2010 Updates) including, but not limited to: 6) Screenings for all youth as follows: a) A thorough assessment of all body systems and an assessment of nutritional status, growth and development. b) Vision and hearing as clinically indicated. c) Urine HCG (Human Chorionic Gonadotropin) screening for pregnant girls, and for all sexually active girls, if psychotropic medications are to be prescribed. d) Tuberculosis Skin Testing (PPD/TST) on admission for detained youth and youth referred from the community that are on Probation or Committed status and in consideration for placement into a commitment facility or be court ordered by a judge, with timely scheduled follow-up care with the local Health Department for all positive tests and active cases of tuberculosis. e) Screening for and treatment of sexually transmitted diseases for every sexually active youth. Page 45 of 69

46 f) Serologic Hepatitis screening panel such as HbsAG, anti-hbs, anti-hbc, (IgM, IgG), if warranted, based on clinical indications. g) HIV screening, education, pre-and post-test counseling and testing for all youth, including pregnant girls. This shall be performed either by the Provider s nurses trained specifically on HIV testing or through coordination with the County Health Department. h) The DHA shall ensure that there is a system in place to arrange for the referrals to a specialist for any youth requiring HIV treatment or medication. 7) Testing as follows: a) Laboratory test(s) as clinically indicated upon admission or during the course of a youth s stay at the facility. b) EKG testing and associated services for those selected youth. c) EKG testing prior to commencing new prescription(s) for Attention Deficit Hyperactivity Disorder (ADHD). d) Serum drug level testing for youth verified to be receiving selected medications (Lithium, Depakote, Theophylline, etc.). This testing requirement shall apply both to youth receiving medications upon arrival at the detention center or commencing these types of medications while at the detention center. e) Urine testing by dipsticks to screen for glucose, protein, leukocytes or pyuria. 8) Treatment and Monitoring of Acute and Chronic Conditions This shall include on-going treatment, monitoring, and periodic evaluations for youth with acute and chronic health problems. No more than three months shall elapse before a youth with a chronic health problem is assessed, in a routine follow up, by the DHA, physician designee, PA, or ARNP. If the youth is evaluated by the above referenced health care professional for another condition during the three-month interval and the evaluation includes an assessment of the chronic condition, another periodic evaluation will not be required unless clinically indicated. 9) Reviewing and issuing prescriptive medication(s). This shall not include the issuing or renewal of psychotropic medications, unless it is in the temporary absence of the Facility s licensed Psychiatrist. In this case the physician shall temporarily coordinate services that oversee the treatment needs and medication monitoring for youth who are on psychotropic medications. 10) Availability (or an equal level substitute) by pager or cell phone for telephonic consultation twenty-four hours per day, seven days per week, for acute medical concerns, emergency care, coordination of off-site services and other responsibilities. 11) Assisting in the development of the Health Care Standards section of the Facility Operating Policy and Procedures. 12) Developing and give final authorization to all Facility specific Protocols, Policies, and Procedures for Medical and Dental episodic (non-emergent illnesses and injuries) and emergency care for both medical and non-medical staff. 13) Providing annual review/revision of the above episodic and emergency Protocols, Policies and Procedures. Page 46 of 69

47 14) Coordinating specialty and off-site medical services for youth necessitating such care, including prenatal care for pregnant girls. 15) Ensuring all medical staff shall possess current CPR/First Aid, and Automated External Defibrillator training and certificates. This information shall be made available to Facility Superintendent and the Contract Manager prior to any staff member commencing employment at the detention facility. 16) Managing and coordinating youth health care needs resulting from epidemic or emergency communicable disease outbreaks. 17) Ensuring that there is an open line of communication between the facility medical/nursing staff and the youth s primary care provider or specialist in order to facilitate continuity of health care while at the facility and upon the youth s transfer to another Department facility or discharge to the community. (a) The primary care providers and/or specialists are to be as closely involved in the youth s care as deemed (b) necessary. The DHA is the physician of record while the youth remains in the facility, and shall act accordingly. 18) Ensuring medical/nursing staff assists the facility in obtaining and filing any unsigned Authority for Evaluation and Treatment forms from parents/guardians for the appropriate consent. 19) Ensuring medical/nursing staff verifies eligibility and documents in the youth s Individual Healthcare Record any information about the youth s third party insurance, particularly for preexisting conditions. 20) Providing any available third party insurance information to the Facility s contracted Psychiatric, Mental Health, Pharmacy and off-site medical providers. 21) Ensuring that services specified in this Contract are fully implemented. 22) Communicating with the Facility Superintendent on all matters relative to the medical needs of the youth in the Center. 23) Reviewing and reporting any and all medical neglect or facility/youth specific medical allegations as requested by the Department Regional or Headquarters staff. b. Medical Advanced Registered Nurse Practitioner (ARNP) Responsibilities/Service Tasks: The medical ARNP shall provide services and be on-site as specified in Exhibit 3, Staffing Matrix. The clinical responsibilities as outlined for the DHA can be shared as appropriate with the ARNP as long as it is specified within the Collaborative Practice Protocol (CPP). At a minimum the medical ARNP shall: 1) Provide medical services for youths who have illnesses and /or health complaints and have been referred by the nursing or facility staff; 2) Conduct comprehensive physical assessments as described in Section III.C.4.a.3; 3) Classify youth medically, using the Department s medical classification system; 4) Review and issue prescriptive medicines that are within the scope of the CPP. 5) Manage and coordinate youth health care needs resulting from epidemic or emergency communicable disease outbreaks; Page 47 of 69

48 6) Report to the facility superintendent or their designee all matters concerning the medical/health needs of youth in the facility; 7) Perform additional services, including basic nursing responsibilities as outlined in Section III B.3. and as required by the Department and approved by the Designated Health Authority; and 8) Document all care as required by the Department. c. Nursing Staff (Registered Nurse (RN), Licensed Practical Nurse (LPN) Responsibilities/Service Tasks. Nursing services shall be provided on-site as specified in Exhibit 3, Staffing Matrix. Specific times for the described nursing services will be coordinated with the Facility Superintendent in order to allow for flexibility in meeting the needs of the youth. Licensed Practical Nurses shall not perform duties beyond the scope of their training and only as directed by the RN, ARNP and/or Physician. Nursing responsibilities and services tasks shall include, but not be limited to: 1) Reviewing the Department s standardized intake screening (JJIS Medical and Mental Health Screening Form) provided by the facility intake staff during the admission process for all youth. 2) Communicating by telephone regarding all identified acute and chronic medical concerns identified on the form and during the interview and assessment of the youth (including pregnancies) to the DHA/designee and scheduling youth for the next on-site physician/arnp visit, or if appropriate, arranging immediate emergency services. 3) Conducting, reviewing and/or updating the Health Related History on each youth, using the Department s standardized form, within seven (7) calendar days of the youth s admission. The nurse will complete Suicide Risk Screening Instrument within 24 hours of youth's intake, unless the Mental Health Clinical Staff person has already completed the Instrument. 4) Communicating, upon admission to the facility, and throughout the youth s stay, with any pre-existing medical providers (particularly specialists) in order to provide consistent and continuous healthcare. a) The nurses are to be as closely involved in the youth s care as deemed necessary. b) The nurses shall: (1) Document, in the Individual Healthcare Record, any contacts (and attempts) made with the youth s pre-existing medical or mental health services provider; (2) Document all information obtained from these contacts; (3) Verify with the pre-existing provider, the youth s medications so as to ensure continuous provision of all needed medications; (4) Coordinate and continue the appropriate treatment care plan with short and long term goals; (5) Coordinate continuity of care and needed follow up care, appointments and specialized procedures through discharge instructions provided to the receiving facility or to the parent/guardian; and Page 48 of 69

49 (6) Documentation of these instructions shall be maintained within the youth s Individual Healthcare Record with copies of all discharge instructions given to the parent/guardian of the youth who is released from the facility and maintain a copy within the youth s Individual Healthcare Record. 5) Assisting the JPO with obtaining a signed Authority for Evaluation and Treatment form from parents/guardians for the appropriate consent. a) All efforts to do so shall be noted in the Individual Healthcare Record. b) The inability to obtain consent shall then be conveyed by the nursing staff to the Juvenile Probation Officer (JPO) in order to obtain a court order authorizing treatment. 6) Contacting the parent/guardian when any medication is prescribed or changed. Such attempts/conversations shall be documented on the required Department Parental Notification Form. 7) Assisting the Psychiatric staff by completing the Parental Notification of Health Related Care Form and mailing it along with page 3 of the Clinical Psychotropic Progress Note (CPPN) and The Acknowledgement of Receipt of CPPN within 24 to 48 hours by Certified Mail (with Return Receipt) to the parents/guardian to the address on record. Mailings will be at the expense of the Department. If the parent refuses to sign or is unavailable, then a court order must be pursued. 8) Providing tuberculosis screening and testing upon intake following departmental procedures and protocols established by the DHA. 9) Ascertaining routine immunization status (through a thorough review of immunization and school records), and administering needed immunizations (including first HBV and Influenza, if applicable) per written order of the DHA and guidelines of the Center for Disease Control. Immunizations must be up-to-date. 10) Developing a written treatment plan for any youth with an acute or chronic health care problem. This shall include scheduled dates for follow up, consultation, Medical Alerts, etc. All youth with special needs, including pregnant youth, and youth with speech, mobility, or hearing disabilities, or youth with Medical Grades 4 or 5 shall have written treatment plans. 11) Conducting daily sick call according to Departmental requirements. 12) Provider shall ensure that if staff is required as an escort to sick call, this is accomplished in a timely and expeditious manner. If LPNs are used for sick call care without the onsite supervision of an RN, the LPN shall review all cases daily with someone at or above the level of an RN and document accordingly. 13) Providing Department required health education to youth on an individual and/or group basis. 14) Providing basic prenatal care and health education to pregnant youth. 15) Arranging for care of any emergency dental needs through the facility-designated dentist or hospital emergency room. a) Ensuring that referrals for emergency dental care are accomplished in an effective and timely manner. b) Utilizing on-site protocols for dental emergencies while waiting transfer to an emergency dentist. Page 49 of 69

50 16) Providing one-to-one health education on specific medications and chronic and acute health conditions to youths. 17) Arranging for appropriate follow-up care of health conditions identified during the youth s admission and during the youth s stay at the facility. This shall include communication with the youth s parent/guardian or the Residential facility that the youth is transferred to, utilizing the Health Discharge Summary Transfer Note. Attempting (with documentation) to access all prescriptions and medications from the parent/guardian, community provider, or previous facility, as the case may be. 18) Administering medications and treatments during the work schedule. 19) Communicating all medication needs for those hours where medications are to be provided by appropriately trained nonlicensed detention staff. 20) Ensuring that non-licensed staff are trained, and know how to assist youth with self-administration of medications during hours when no licensed nurse is on-site. 21) Monitoring Medication Administration Records (MARs) weekly to ensure that medications provided by the non-licensed program staff through assisting youth with self-administration are provided as prescribed. 22) Documenting and communicating medication omissions and errors to the Facility Superintendent and DHA. 23) Monitoring medication side effects on a daily basis and for every dose of the medication administered. 24) Ensuring that required laboratory values are documented for those medications that require such monitoring. 25) Requesting and processing all orders for medical supplies to maintain the inventory. 26) Performing shift-to-shift narcotic counts. 27) Keeping an inventory of needles and sharps at intervals determined by Department policy. 28) Performing additional services as required by the Department and approved by the Designated Health Authority. d. Medical Records Clerk Responsibilities/Service Tasks: The Medical Record Clerk shall perform services on site for the hours as specified in Exhibit #3, Staffing Matrix. At a minimum the Medical Records Clerk shall perform the following service tasks: 1) Answer phones in the Medical clinic area. 2) Print DJJ forms for new medical records and as needed. 3) Construct charts on new admissions (daily). 4) Daily filing of medical and mental health records/forms into youth s Individual Health Care Record. 5) Pull, combine medical and mental health records, and file upon youth s release daily. 6) Check population list daily against actual records on file. 7) Scan and/or copy records requested by JPOs and make available to them. 8) Dissemble records of youth 19 years old and older and prepare for storage (monthly). 9) Contact ( ) JPOs with request for assistance in obtaining signed AET, immunization records and most recent comprehensive assessment. 10) Phone calls to parents to confirm allergies, request parent to bring medication to facility, and other items as requested by Page 50 of 69

51 nurse. Not to include medication administration, changes, or education. A nurse is required for these issues. 11) Check refrigerator temperature and document on thermometer log daily. 12) Print daily alert lists (if not done by nursing), and distribute. 13) Compile and print CPA and sick call list for DHA. 14) Fax weekly timesheets and sign in logs to Medical Provider and monthly timesheets and sign in logs to Mental Health Provider. 15) Other duties as assigned and approved by Nurse Consultant. 16) If a Certified Nursing Assistant (CNA) is employed in the position of the Medical Records Clerk, they may also obtain vital signs, conduct vision screening and perform other duties as defined by Nurse Practice Act. They shall not administer medications or perform venous puncture. 5. Schedules a. Provider staffing and typical weekly on-site work hours are established in the Staffing Matrix, Exhibit 3. b. The Provider and Superintendent shall set the clinic hours and hours of medical coverage based on the needs of the facility. This will be the ongoing framework which will be addressed by the Provider schedule. c. The Provider shall submit to the Detention Superintendent, the Detention Regional Nurse Consultant, and the Contract Manager, a proposed work schedule for the medical clinical staff on the first day of each month (if utilizing a rotating schedule) or annually (if a set schedule is used). The schedule must include the name of the individual(s) assigned to work, the days of the week and the work hours. d. The Provider shall obtain the approval of the Superintendent (or designee) a minimum of 72 hours prior to adjusting the medical clinical staff s scheduled work hours due to requested revisions to the approved schedule, vacation coverage and/or personnel changes. e. Based on the clinical needs of the youth population and upon approval of the Superintendent (or designee), the Provider may flex staff hours as needed. In addition, staff hours may be flexed based on unexpected staff absences (i.e. illness, dr. appointments, and personal business), while maintain 7 days per week coverage, with prior notification and written approval of the Facility Superintendent (or designee). f. Each position may redistribute unused hours from previous weeks, if necessary, for future use within the state fiscal year not to exceed the maximum annual billable hours as shown on Exhibit 3. g. The Provider shall keep a log of total available hours for each position, and hours worked each week. A copy of this log shall be submitted to the Contract Manager with the monthly invoice. 6. Coverage a. The Provider shall provide staff in accordance with the on-site hours scheduled in Exhibit 3, Staffing Matrix, while ensuring there is nursing coverage seven (7) days per week, including weekends and holidays. It is up to the Provider to ensure staff is scheduled appropriately to ensure required coverage. Schedules must be approved by the facility superintendent. In the event of scheduled or unscheduled absences (not including approved flexed hours), the Provider will ensure equal or higher medical coverage is provided at no additional cost to the Department. b. The Provider shall ensure that there is basic medical staff coverage in the case of natural disasters such as hurricanes. The Provider shall file a yearly hurricane plan with the Superintendent, the Detention Regional Nurse Consultant, and Contract Manager. Page 51 of 69

52 7. Substitutions a. Advanced Registered Nurse Practitioner (ARNP) The ARNP may substitute for less credentialed staff. The Provider shall invoice at the ARNP rate if billable hours are available within the month and/or unused hours are available, if necessary, from previous months within the state fiscal year for the ARNP position. If no ARNP billable hours are available, the Provider must invoice at a lesser credentialed staff rate for which there are available billable hours. b. Registered Nurse The Registered Nurse (RN) may substitute for the Licensed Practical Nurse (LPN). If substituting for the LPN, the RN shall invoice at the RN rate if billable hours are available within the month and/or unused hours are available, if necessary, from previous months within the state fiscal year. If no RN billable hours are available, the Provider must invoice at the LPN rate for the number of hours that the RN substituted for the LPN. c. Licensed Practical Nurse (LPN) - In the event an LPN works hours that are scheduled for an RN, the monthly invoice shall be reduced from the rate for an RN to the rate for an LPN for the number of hours worked by the LPN for the RN. d. Medical Records Clerk The Medical Records Clerk shall not substitute for any licensed staff, unless the Medical Records Clerk position is filled by a licensed individual (LPN, RN, etc.). Any credentialed staff may substitute for the Medical Records Clerk. If substituting for the Medical Records Clerk, the credentialed staff may invoice at that individual s credentialed rate if billable hours are available within the month and/or unused hours are available from previous months within the state fiscal year. If no billable hours are available, the Provider must invoice at the Medical Records Clerk rate for the number of hours that the credentialed staff substituted for the Medical Records Clerk. e. An explanation for substitution of staff shall be included with the monthly invoice (to the Contract Manager) detailing the location, date, hours and reason for the staffing substitution. f. In the event any lesser credentialed staff substitutes for a higher level credential staff in excess of 25% of the total hours per month (for the higher credentialed staff) for a period of two months in a row, the Department may require a corrective action plan and/or cancellation of the Contract for non-performance. 8. Sign-in All Provider staff, to include the DHA and Provider Managers, is required to complete the requested information contained in the Sign-In Log upon entering and exiting the facility. A copy of the Sign-In Log is used to verify time worked; therefore, failure to complete this information may result in loss of compensation for those hours billed but not documented in the Sign-In Log. 9. Provider Staff Training a. Core Training is not required under this Contract. b. The Provider shall ensure that all training required for staff to maintain professional and/or clinical licensing shall occur and shall maintain documentation of such training, to be made available upon Department request. c. On the Job Training: Department-required on-the-job training necessary for Provider staff employees, agents or subcontractors to perform services under this Contract, as required by the Department, the Detention facility or otherwise required by federal or state law, rule, or Department policy shall be the responsibility of the Provider and can be obtained during scheduled work hours. Therefore, all training costs are included in the total cost of the services requested. The Department is Page 52 of 69

53 not responsible for and, therefore, shall not reimburse any additional itemized training costs, incurred in the performance of this Contract other than the Compensation stated in the Payment Method section of this Contract. d. Facility Orientation Training: 1) The Provider, in conjunction with the Regional Nurse Consultant, shall ensure that all medical and nursing staff is oriented to facility operational policy and procedures (to include safety, security facility key controls, confidentiality of healthcare information and youth information, medical policy and procedures and key administrative staff). 2) The Provider and /or Regional Nurse Consultant shall provide documentation of completed orientation to the Facility Superintendent and the Contract Manager within 21 days of the medical/nursing staff s employment. e. Health Services Training: 1) Many of the courses are available and tracked through the Department s Learning Management System (CORE/LMS) which can be accessed from the following link: This training can be performed onthe-job during scheduled staffing hours. 2) The Regional Nurse Consultants in conjunction with the Provider s Regional Nurse Director or equivalent position shall provide training for all of the facility staff, including Department nursing staff, at a minimum of twice per year (unless indicated otherwise), or upon request of the superintendent or his/her designee, on the following required topics, which include, but are not limited to: (a) Infectious Diseases; (b) Blood-borne Pathogen, OSHA Regulations and Exposure Control Plan; (c) (d) Quarterly First Aid & CPR drills for all shifts; Basic principles of safe and effective medication administration. If non-healthcare staff is to assist youth in the self-administration of medications, then these persons shall be trained to provide medications by the Provider s licensed health care professionals, prior to commencing this process, pursuant to Florida Chapter 64B9-14 FAC (Delegation to Unlicensed Assistive Personnel). (e) Revised and updated health issues and concerns for quality improvement and risk management; and (f) Other topics as determined by the Facility Superintendent. NOTE: This training can be performed on-the-job during scheduled staffing hours. 3) The Regional Nurse Consultants will provide the detention facility with an annual roster of training provided, date, and number of hours of training, topics covered, employee s name and employee s signature. 4) Training provided by the Regional Nurse consultant shall be mandatorily attended by the facility staff, provider staff and Department nursing staff at a minimum of once per year. 10. Staff Background Checks a. The Provider shall comply with the Department s Statewide Procedure on Background Screening for Employees, Vendors, and Volunteers that Page 53 of 69

54 is available on the Department s website. The Provider shall comply with the requirements for background screening pursuant to chapters 39, 435, 984 and 985, Florida Statutes and the Department s background screening policy. Failure to comply with the Department s background screening requirements may result in termination of the Contract. b. A background screening shall be completed in accordance with the Department s Background Screening Policy and Procedures on all newly hired staff and provided to the Contract Manager prior to the initiation of employment at the detention facility. c. The Provider shall ensure staff obtains the required five-year background re-screening every five (5) years from the date of their approval to work at the facility in accordance with the Department s statewide procedure. Five-year re-screenings shall not be completed more than twelve (12) months prior to the original screening approval date. Results of rescreenings shall be provided to the Contract Manager. d. The Provider shall notify the Background Screening Unit when their employee (Provider staff) is no longer working/providing services at any DJJ facility. 11. Staff Changes a. The Provider shall notify the Detention Superintendent, Detention Regional Nurse Consultant, and Contract Manager immediately of contract Provider personnel changes, including vacancies and keep those individuals updated of efforts to replace personnel. b. The Provider shall notify the Detention Superintendent, Detention Regional Nurse Consultant, and Contract Manager immediately of new contract provider employee(s) assigned to work at the facility and ensure a background screening clearance is obtained prior to the employee performing work at the facility. c. Allowable staff changes Key Personnel and Vacancies The personnel listed below are considered essential to successfully complying with this Contract. Therefore, no later than 48 hours after the removal, substitution, or change in status of any position listed below the Provider shall submit to the contract manager a detailed written explanation for the action, a plan to ensure contractual services are provided and, if appropriate, a timeline by which the position will be permanently filled. The Department shall evaluate the impact of the vacancy on this Contract and respond accordingly. Positions MD (Designated Health Authority) ARNP (Advanced Registered Nurse Practitioner) Registered Nurse Licensed Practical Nurse Medical Records Clerk D. Service Locations and Times: 1. Service Locations: The Provider shall provide comprehensive on-site medical services at the Brevard Regional Juvenile Detention Center and the Hillsborough, Pinellas, Manatee, and Pasco Regional Juvenile Detention Centers. 2. Service Times: The Provider shall ensure services are provided in accordance with the number of hours specified on Exhibit 3, Staffing Matrix. The hours and days of service shall be in accordance with the schedule provided to the Detention Facility Page 54 of 69

55 Superintendent, the Contract Manager and the Detention Regional Registered Nursing Consultant. 3 Changes in Service Delivery Location(s) The Provider shall notify the Contract Manager in writing a minimum of 10 days prior to making any changes at the corporate office that will affect the Department s ability to contact the provider by telephone, facsimile, or mail. However, the service location shall not change unless approved by the Department. IV. DELIVERABLES A. Service Units The service unit identified under this Contract is an hour of medical service provided by qualified, license staff as specified on Exhibit 3, Staffing Matrix. Documentation of hours worked shall be provided by the Provider and verified by the Provider s staff signing in and out times in the designated facility log book located at each facility. Failure of staff to sign in and out may result in loss of compensation for unverified dates of service. The Department may adjust (reduce) any subsequent invoice upon finding that service hours cannot be verified for a given month. In addition, the Department reserves the right to withhold any payment, or pro rate any payment, if the Provider fails to perform any task or other activity required by this Contract in accordance with the terms and conditions of this Contract. B. Reports The Department will require progress or performance reports throughout the term of the Contract. The Provider shall complete reports as required to become eligible for payment. (The type, frequency, content, format of reports required and the party to receive the report; deadline for report submission, number of copies to be delivered, delivery method; and the Department representative to receive.) C. The following are the Contract Managers for the respective parties. All matters shall be directed to the Contract Managers for action or disposition. Any and all notices shall be delivered to the parties at the following addresses: Provider Department of Juvenile Justice Name Liz Dustin Address 4524 Oak Fair Blvd, Suite 100 City, State, Zip Tampa, FL Telephone: XXX-XXX-XXXX Telephone: Liz.dustin@djj.state.fl.us D. Contract Manager Contact Information Changes: After execution of this Contract, any changes in the contact information to the above Contract Managers may be provided by either party, by written notification to the other party, with a copy of the written notification to be sent to the Department s Bureau of Contracts. A copy of the written notification shall be maintained in the official Contract record. All notices required by this Contract or other communication regarding this Contract shall be sent by United States Postal Service or other delivery service with proof of delivery. The Provider shall submit the following reports. Any payment due under the terms of this Contract may be withheld until the Provider complies with the requirements of this Contract, including submittal of all reports due from the Provider. Delivery of deliverables and reports shall not be construed to mean acceptance of those deliverables and reports. The Department reserves the right to reject deliverables and reports as incomplete, inadequate, or unacceptable. The Contract Manager will approve or reject deliverables and reports. 1. Invoice: A properly prepared invoice shall be submitted directly to the Contract Manager within ten (10) business days following the end of the month for which services were rendered. Payment of the invoice shall be pursuant to section , Page 55 of 69

56 Florida Statutes and any interest due shall be paid pursuant to section 55.03(1), Florida Statutes. A Vendor Ombudsman, established within the Department of Financial Services, may be contacted if a Provider is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at Staff Census/Clinical On-Site Hours Report (Exhibit 2) A complete list of all licenses and clinical staffing on-site hours provided at the facility shall be submitted with the monthly invoice as documentation of the days and hours services are provided. 3. Proof of Insurance A Certificate of Insurance shall be provided to the Department s Contract Manager prior to the delivery of service, and prior to expiration. Certificates of Insurance shall reflect appropriate coverage(s) based on the recommendation of a licensed insurance agent, and the minimums listed in this Contract. 4. Subcontract(s) A copy of all subcontracted agreements entered into by the Provider and a subcontractor for services required of the Provider via this Contract, shall be submitted to the Department in advance for approval. A signed copy of the subcontract approved by the Department shall be provided to the Department s Contract Manager prior to the delivery of service to Department youth and payment to the subcontractor. 5. Organizational Chart The Provider s organizational chart as it relates to management oversight of, and provision of service within, the facility shall be provided to the Contract Manager upon execution of this Contract, annually, and upon changes. The organizational chart shall include the programmatic and administrative structure of the Provider s organization. 6. Certified Minority Business Enterprise (CMBE) The Provider shall submit to the Contract Manager, along with each monthly invoice, a copy of Exhibit 4, Florida MBE Utilization Report available at: listing all payments made for supplies and services to Minority Business Enterprises (MBEs) during the invoice period. The listing shall identify the MBE code for each payment. 7. Medical Services Specific Reports a) The Provider shall submit the Health Services Statistical Report, with the monthly invoice, by the 10th of the month to the Contract Manager. b) The Provider shall submit a copy of the Hepatitis B Vaccination Adm Log, with the monthly invoice, by the 10th day of the following month, to the Contract Manager 8. Healthcare Services Statistical Report The Provider shall submit a monthly healthcare service statistical report located on the JJIS System. REPORT LIST FREQUENCY DUE DATES DUE TO Invoice (Exhibit 1) Monthly 10 th day of the following Contract Manager reporting month Staff Census Monthly Due Monthly with Contract Manager Report (Exhibit 2) Invoice Proof of Insurance Annually Prior to the delivery of Contract Manager Coverage services and prior to expiration of insurance Copy of Upon execution Upon execution Contract Manager Subcontracts Organizational Chart Upon Contract execution; Prior to the delivery of services and July 1 Contract Manager Page 56 of 69

57 CMBE Utilization Report Health Services Statistical Report Hepatitis B Vaccination Available Hours Monthly Log annually; and upon changes Monthly 10 th day of the following reporting month Monthly 10 th of the month with Invoice Monthly 10 th of the month with invoice Monthly 10 th of the month with invoice Contract Manager Contract Manager Contract Manager Contract Manager V. PERFORMANCE MEASURES 1. Performance Outcomes At a minimum, the following performance outcomes shall be met by the Provider: a) 100% compliance of providing a current-licensed DHA that is responsible for oversight and supervision of health care services, and that provides oversight and supervision of all health care services. b) 100% of program policies and procedures shall be reviewed and approved by the DHA annually. c) 100% of youth shall have an admission screening to identify health-related issues. d) 100% of youth shall receive, or have on file, a current Physical Assessment and Health Related History following designated Department timeframes. e) 100% of youth s current Immunization status shall be verified and administered Immunizations if indicated. f) 100% of youth s medications procured and administered through the Medication Management system shall provide for accurate verification, administration, monitoring, storage, inventories, and Pharmacy services. g) 100% of youth with medical needs concerns shall be entered into the Medical Alert system to ensure necessary information is communicated to program staff. h) 100% of youth sick calls, episodic and emergency care, including dental issues, shall be provided pursuant to Department guidelines with complete and accurate documentation of sick calls for each youth. i) 100% of youth shall be provided Health education, including HIV and AIDS, and such education shall be documented in the youth s case file j) 100% of youth shall have documented parental authorization for health care k) 100% of youth s parent/guardians shall be notified of health care services per departmental guidelines l) 100% of youth Individual healthcare records shall be completed with all required forms and documentation. m) 100% of youth s medical services shall be provided in accordance with the set standards and guidelines of the current departmental policies, the Department s Health Service Manual (Revised 2006 with April 2010 Updates), Manual, and in accordance with OSHA Regulations, Infectious and Communicable Disease Control, and all applicable State and Federal guidelines. 2. Performance Evaluations a) The Provider, throughout the term of the contract, shall document compliance with processes and the required performance outcomes for performance evaluations and submit this documentation inspection upon request. b) The Department will conduct outcome evaluations and recidivism studies concentrating on the re-offending and re-adjudication of juveniles who complete medical services. c) The evaluation will use the process and outcome data collected throughout the duration of the contract to determine the effectiveness of the services. d) The results may be used in evaluation of the service needs or the Provider s performance when considering future contract renewals and funding. Page 57 of 69

58 3. Monitoring a) The Department s Regional Nurse Consultant functions in a supervisory oversight for nursing services provided for the Department, in order to ensure that the quality of service and standards of care provided to the youth are clinically appropriate. b) The Regional Nurse Consultant performs periodic monitoring at the facility and any deficiencies found shall be conveyed in writing to the Provider, the facility Superintendent, the Regional Staff and the Office of Health Services as necessary. The deficiencies conveyed in writing will be in the form of a Quality Improvement Plan or Corrective Action Plan approved by the DJJ Medical Director. A copy of the Quality Improvement Plan will be forwarded to the DJJ Medical Director and the DJJ Headquarters Registered Nurse Consultants. If in the opinion of the Regional Registered Nurse Consultants the deficiency(ies) is/are serious or critical in nature, then the deficiency(ies) will be discussed verbally with the DJJ Headquarters Registered Nurse Consultants and the Medical Director prior to initiation of any written plan of action. c) DJJ s Medical Director will have final approval authority for a Corrective Action Plan. At any point during the youth's stay in the detention center, a youth may be referred to the DHA (Physician) by the Regional Nurse Consultant for Detention Service based on concern over youth s clinical condition or treatment plan. Page 58 of 69

59 EXHIBIT 1 FLORIDA DEPARTMENT OF JUVENILE JUSTICE INVOICE FOR FIXED PRICE OR FIXED FEE CONTRACT/GRANT ITB# D2056 SECTION I: Provider (Payee) Name: Remittance Address: Program Name: Service Address: Contract/Grant No.: 1 Invoice Number: Invoice Date: Service Period From: FEID#: Service Period To: SECTION II: A B C D E Unit of Service or Description Total Number of Units Total Number of Days Unit Costs Total Costs Payment Amount Requested SECTION III: CERTIFICATION I certify that the expenditures incurred under this contract/grant are for commodities or services, which are reasonable, necessary, allowable and allocable, and the expenditures directly relate to the purpose of the contract/grant. I certify that the services this individual or entity have provided services in accordance with the terms and conditions specified in the contract/grant. I certify that this individual or entity, in accordance with the terms and conditions specified in the contract/grant, maintains any documents and proof of payment supporting the expenditures. Signature of Provider Agency Official Type or Print Name & Title Telephone & Ext. Date SECTION IV: FOR DEPARTMENT USE ONLY Date Invoice Was Received Date Goods Or Services Were Received 2 Date Goods Or Services Were Inspected And Approved SIGNATURE & TITLE Of Person Approving Invoice For Payment PRINT Name Of Person Approving Invoice Telephone # Signature/Date Org Code Exp Option Object Code Amount Org Code Exp Option Object Code Amount 1. $ 4. $ 2. $ 5. $ 3. $ 6. $ 1 Assigned by the Provider or use the Contact number/2-digit month/2-digit year format. For example, the invoice number for March 2011 for contract X1234 would be X1234/03/11. The invoice number must match the number on the Summary of Contractual Services Agreement/Purchase Order form. 2 Goods/Services have been satisfactorily received and payment is now due. 1 Assigned by the Provider or use the Contact number/2-digit month/2-digit year format. For example, the invoice number for March 2011 for contract X1234 would be X1234/03/11. The invoice number must match the number on the Summary of Contractual Services Agreement/Purchase Order form. Page 59 of 69